Joint Circular No. 66/2012/TTLT-BNNPTNT-BTC-BKHCN guides the implementation of certain provisions of Decision No. 846/QĐ-TTg dated June 2, 2011 of the Prime Minister on piloting the ordering of certain scientific and technological products of the Ministry of Agriculture and Rural Development.

JOINT CIRCULAR

Guidelines for implementing certain provisions of Decision No. 846/QD-TTg dated June 2, 2011 of the Prime Minister on pilot procurement of certain scientific and technological products of the Ministry of Agriculture and Rural Development

of the Prime Minister regarding the pilot procurement of certain scientific and technological products of the Ministry of Agriculture and Rural Development

Pilot procurement of certain scientific and technological products of the Ministry of Agriculture and Rural Development

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Pursuant to Decree No. 60/2003/NĐ-CP dated June 6, 2003, promulgated by the Government detailing and guiding the implementation of the Law on State Budget;

Pursuant to Decree No. 01/2008/ND-CP dated January 3, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development and Decree No. 75/2009/ND-CP dated September 10, 2009 of the Government amending Article 3 of Decree No. 01/2008/ND-CP dated January 3, 2008 of the Government;

Pursuant to Decree No. 118/2008/NĐ-CP dated November 27, 2008, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

Pursuant to Decree No. 28/2008/NĐ-CP dated March 14, 2008, promulgated by the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Science and Technology;

Pursuant to Decision No. 846/QD-TTg dated June 2, 2011 of the Prime Minister on pilot procurement of certain scientific and technological products of the Ministry of Agriculture and Rural Development;

Guidelines for implementing certain provisions of Decision No. 846/QD-TTg dated June 2, 2011 of the Prime Minister on pilot procurement of certain scientific and technological products of the Ministry of Agriculture and Rural Development.

Article 1. Scope of Regulation and Applicability

Thông tư này quy định chi tiết khoản 4 Điều 38 Luật Thủy sản số 18/2017/QH14 đã được sửa đổi, bổ sung tại điểm c khoản 21 Điều 14 Luật số 146/2025/QH15.

These joint circulars provide guidelines for the pilot procurement of certain scientific and technological products of the Ministry of Agriculture and Rural Development pursuant to Decision No. 846/QD-TTg dated June 2, 2011 of the Prime Minister.

Thông tư này áp dụng đối với tổ chức, cá nhân có liên quan đến hoạt động kinh doanh đối tượng thủy sản nuôi chủ lực trên lãnh thổ Việt Nam.

State management agencies and public scientific and technological organizations under the Ministry of Agriculture and Rural Development shall implement the pilot procurement of certain scientific and technological products.

Article 2. Object and conditions for pilot procurement of scientific and technological products

1. The object of pilot procurement of scientific and technological products is products applied according to Clause 3, Article 1 of Decision No. 846/QD-TTg, specifically as follows:

a) New crop seeds, forestry seeds, livestock breeds, aquatic animal breeds with economic and technical indicators suitable for application in production and recognized officially, allowed for trial production, or recognized as technological progress by the Science and Technology Council of the Ministry of Agriculture and Rural Development;

b) Sample machines, equipment, production tools, new products, formulations with economic and technical indicators suitable for application in production and recognized as technological progress for application in production by the Science and Technology Council of the Ministry of Agriculture and Rural Development;

c) New production technology processes with higher socio-economic efficiency than existing production technology processes currently in use, suitable for application in production and recognized as technological progress by the Science and Technology Council of the Ministry of Agriculture and Rural Development.

2. The condition for pilot procurement of scientific and technological products is products applied according to Clause 4, Article 1 of Decision No. 846/QD-TTg, specifically as follows:

a) The total research and development funding to produce the final product must be calculated accurately based on current standards of the Ministry of Agriculture and Rural Development; the total funding for the task must not exceed the market value or the socio-economic benefits of the final product;

b) The market value of the final product is determined at the time of signing the task implementation contract and based on comparison with the market price for similar products currently in use; the socio-economic benefits of the final product are determined based on calculations of socio-economic benefits when applying the final product in production after being recognized by the Ministry of Agriculture and Rural Development;

c) There must be a commitment document from local authorities (Department of Agriculture and Rural Development), enterprises, or producers to accept and apply the final product.

Article 3. Determination and Approval of Pilot Procurement Tasks for Scientific and Technological Products

The procedures and formalities for determining tasks; selecting and examining the leading organizations and individuals; reviewing the content and budget, and approving pilot procurement tasks for scientific and technological products (hereinafter referred to as pilot procurement tasks) shall be carried out by the Ministry of Agriculture and Rural Development in accordance with the Management Regulation for Research Topics and Projects issued together with Decision No. 36/2006/QĐ-BNN dated May 15, 2006, including:

1. Determining Pilot Procurement Tasks for Scientific and Technological Products

The determination of pilot procurement tasks for scientific and technological products is conducted through proposals from scientific and technological organizations and individuals, and direct procurement by the Ministry of Agriculture and Rural Development, specifically as follows:

a) Based on the objects specified in Clause 3, Article 1 of Decision No. 846/QĐ-TTg and at Point a, Clause 1, Article 2 of this Circular, scientific and technological organizations and individuals propose to register for implementing pilot procurement tasks and submit them to the Ministry of Agriculture and Rural Development (in accordance with the form prescribed in Appendix 1 attached to this Circular);

Based on plans and practical development of agricultural production, directions and tasks of science and technology in the sector, specialized management agencies and scientific institutions under the Ministry of Agriculture and Rural Development directly propose to the Minister of Agriculture and Rural Development to procure scientific and technological products for scientific and technological organizations under the Ministry to register for implementation;

b) On the basis of registration proposals from organizations, individuals, and management agencies, the Ministry of Agriculture and Rural Development organizes a Science and Technology Advisory Council to determine and approve the list of pilot procurement tasks; notify organizations and individuals under the Ministry to register for developing comprehensive descriptions of pilot procurement tasks for selection and examination in accordance with regulations (in accordance with the form prescribed in Appendix 2 attached to this Circular).

2. Selection and Examination of Leading Organizations and Individuals for Pilot Procurement Tasks for Scientific and Technological Products

a) Selection of leading organizations and individuals applies to pilot procurement tasks where multiple organizations and individuals have the ability to participate in implementation to achieve the highest efficiency; examination (direct assignment) applies to pilot procurement tasks where the content can only be implemented by one organization that has the necessary expertise and equipment;

b) The leading organization is a public scientific and technological organization under the Ministry (level 2 budget unit) or under special-ranked Institutes of the Ministry of Agriculture and Rural Development (level 3 budget unit);

c) The leading individual is a research scientist belonging to the registering organization, holding a bachelor's degree or higher, having relevant expertise, at least five years of research experience in the related field, and meeting the working age requirement for at least six months until the end of the task, approved in writing by the head of the registering organization.

3. Review of Content and Budget for Pilot Procurement Tasks for Scientific and Technological Products

Based on the results of the selection and examination of leading organizations and individuals, the Ministry of Agriculture and Rural Development will organize the review of the content of scientific research, economic and technical indicators, and the overall budget estimate for implementing pilot procurement tasks for scientific and technological products according to the conditions stipulated in Clause 4, Article 1 of Decision No. 846/QĐ-TTg and specifically in Clause 2, Article 2 of this Circular;

4. Approval and Signing of Contracts for Implementing Pilot Procurement Tasks for Scientific and Technological Products

a) Based on the results of selection, examination, and review, the Ministry of Agriculture and Rural Development approves pilot procurement tasks for scientific and technological products, including: Leading organization and individual for pilot procurement tasks, quantity of products, final product economic and technical indicators, total budget, and annual advance payment;

b) After approving pilot procurement tasks for scientific and technological products, the Ministry of Agriculture and Rural Development signs a Contract for Implementing Pilot Procurement Tasks for Scientific and Technological Products (hereinafter referred to as the Contract) with the leading organization and individual (in accordance with the form prescribed in Appendix 3 attached to this Circular); consolidate and send to the Ministry of Science and Technology and the Ministry of Finance for coordination in implementation.

Article 4. Inspection, supervision, and acceptance of pilot tasks for ordering scientific and technological products

1. Inspection and supervision of the implementation of pilot ordering tasks

a) The leading organization is responsible for inspecting and supervising the implementation of pilot ordering tasks for scientific and technological products; reporting periodically every six months, annually, or at any time on the situation, progress, results of the task, and recommendations (if any) to the Ministry of Agriculture and Rural Development;

b) Annually, the Ministry of Agriculture and Rural Development shall lead and coordinate with the Ministry of Science and Technology and the Ministry of Finance to inspect and evaluate the progress and situation of implementing pilot ordering tasks for scientific and technological products; if inspection reveals that the leading organization lacks the ability to complete the contract, the Ministry of Agriculture and Rural Development shall notify the leading organization and the head of the task to stop implementation.

2. Acceptance of pilot ordering tasks for scientific and technological products

a) Annual acceptance

Based on the report of the head of the task, the leading organization shall accept the volume of work or product annually, and report to the Ministry of Agriculture and Rural Development; the minutes of annual task acceptance are mandatory documents for the final settlement of the task's budget.

b) Final acceptance

The acceptance of pilot ordering tasks for scientific and technological products upon completion shall be conducted in two levels: the basic level of the leading organization and the ministerial level through the Scientific and Technological Council.

Reporting forms, acceptance files, and evaluation forms for the results of pilot ordering tasks for scientific and technological products shall be applied similarly to those for ministerial-level scientific and technological task acceptance.

Article 5. Determination of total contract implementation funds

The total contract implementation funds shall be calculated accurately based on the current standards issued by the Ministry of Agriculture and Rural Development for the costs required to implement pilot ordering tasks for scientific and technological products, including the following items:

1. Labor compensation

Wages and labor compensation for researchers and general workers directly participating in the implementation of pilot ordering tasks for scientific and technological products.

2. Raw materials and energy

Costs for raw materials and energy to implement the task at the current prices at the time of task assessment and approval.

3. Equipment and machinery

Costs for purchasing or renting equipment and machinery that the leading organization does not have.

4. Minor repairs

Costs for minor repairs, maintenance, and upkeep of infrastructure, equipment, and machinery of the leading organization, or rental of factory space directly serving the pilot ordering task for scientific and technological products.

5. Other expenses

Other expenses, including expenses for the common activities of the head of the pilot ordering task and management expenses, specifically as follows:

a) Expenses for the common activities of the head of the pilot ordering task according to current regulations, including: preparation of explanatory notes, allowances for the head of the task, telephone, printing, translation of documents (if any), office supplies, information dissemination, registration of intellectual property rights for products, recognition of varieties or technical advancements, outbound and inbound delegations, scientific conferences, field meetings, training sessions, writing summary reports;

b) Management expenses, including: electricity and water charges; telephone fees; acceptance organization expenses at the basic level; wages of management, supervision, and evaluation staff of the leading organization of the task not exceeding 7% of the total contract implementation funds.

6. Pilot ordering task funds for scientific and technological products shall be established and implemented under the cost allocation mechanism, except for non-allocation funds specified in Clauses 3, 4, and the delegation expense in Point a Clause 5 of this Article.

Article 6. Contingency funds

1. Contingency funds (maximum not exceeding 10% as prescribed in Decision No. 846/QĐ-TTg) shall be used for annual adjustments at the time of preparing the budget for the following year and shall only be applied when:

a) Unit prices (based on data from the General Statistics Office or competent state management agencies) of non-committed expenditure items fluctuate by more than 25% compared to approved budget unit prices;

b) There are adjustments in quantity and quality of pilot products ordered compared to the initial approval, leading to an increase in contract costs.

2. Contingency funds shall be included in the total budget estimate of the task but shall not be counted in the contract.

3. Contingency funds for pilot tasks shall be centrally managed by the Ministry of Agriculture and Rural Development; the use of contingency funds shall be decided by the Minister of Agriculture and Rural Development based on the assessment opinions of relevant scientific and financial management agencies within the Ministry of Agriculture and Rural Development.

4. Annual approval and supplementation of contingency funds shall be considered supplementary documents to the contract, serving as the basis for supplementing the budget estimates for the task's leading organization and disbursing funds at the State Treasury where the leading organization conducts transactions.

Article 7. Establishment, allocation, and adjustment of budgets

1. Budget Estimation and Allocation

a) After the tasks have been selected, reviewed, and approved for pilot procurement implementation by the Ministry of Agriculture and Rural Development according to Decision No. 846/QĐ-TTg, the Ministry of Agriculture and Rural Development will compile and send them to the Ministry of Science and Technology and the Ministry of Finance together with the annual budget preparation period;

b) Based on the proposal of the Ministry of Agriculture and Rural Development, the Ministry of Science and Technology and the Ministry of Finance will notify the budget for science and technology public expenditure to the Ministry of Agriculture and Rural Development. After receiving the review opinion on the annual budget from the Ministry of Finance, the Ministry of Agriculture and Rural Development will allocate funds for task implementation to the leading organization (clearly stating the funds allocated according to Decision No. 846/QĐ-TTg for each task).

2. Adjustment of the budget

a) The Ministry of Agriculture and Rural Development will consider adjusting the overall budget of the task when there are changes as stipulated in Clause 1 of Article 6 of this Circular, based on proposals from the task leader and the leading organization;

b) Based on the approved budget of the task by the Ministry of Agriculture and Rural Development (divided into years), during the implementation process, if there is a need to adjust the content and amount of expenditures (excluding non-committed expenditures) annually, the task leader reports to the leading organization to adjust the expenditure items appropriately; the leading organization reviews and decides on the adjustment and sends it to the State Treasury as the basis for expenditure control. In case the head of the leading organization and the task leader do not agree, the head of the leading organization makes the final decision and bears responsibility for it; the task leader is responsible for implementing the task.

Article 8. Payment and expenditure control at the State Treasury

1. Expenditure control at the State Treasury shall be carried out according to the progress of contract implementation. The expenditure control system for research funding for pilot procurement of products by the Ministry of Agriculture and Rural Development shall be implemented according to current regulations; specifically, the conditions for payment and settlement are as follows:

a) There is a contract for pilot procurement of science and technology products between the Ministry of Agriculture and Rural Development and the leading organization and task leader;

b) It has been included in the budget assigned by the Ministry of Agriculture and Rural Development for task implementation according to Decision No. 846/QĐ-TTg;

c) It has been decided by the head of the leading organization or a person authorized to decide on expenditures.

2. For tasks currently being implemented: Based on the acceptance report of the work volume of the task by the Ministry of Agriculture and Rural Development and the confirmation of the amount of funds expended in the year by the leading organization, the State Treasury will pay the funds to the task leader. Any remaining funds (if any) will be transferred to the next year for continued implementation.

3. For the final year of the task: Based on the acceptance report and the final settlement report of the task by the Ministry of Agriculture and Rural Development, the State Treasury will pay the funds to the task leader. Any remaining saved funds (if any) do not need to be returned to the budget and can be used according to Point b, Clause 5, Article 1 of Decision No. 846/QĐ-TTg; any remaining non-committed expenditure funds (if any) must be returned to the budget.

Article 9. Settlement of funds and handling of surplus balances

1. Principles of settlement

a) Annual funding allocated for tasks to implement contracts is considered provisional payments; the leading organization and the head of the task are responsible for submitting annual financial reports according to the fiscal year for the funds already utilized; upon completion of the contract, if the scientific and technological products meet the requirements and pass acceptance, the contract will be officially settled;

b) The settlement shall be made according to the actual expenditure on specific contents;

c) The head of the task is responsible for submitting the annual settlement report and the cumulative settlement summary of the task to the leading organization at the end of the task;

d) The head of the leading organization is responsible for guiding, inspecting, and approving the settlement of the task head; detailed vouchers are prepared by those directly involved, approved by the task head, and confirmed by the head of the leading organization or their authorized representative, and must be retained by the leading organization in accordance with regulations;

đ) The leading organization of the task is responsible for publicly disclosing the contract and the data approving the settlement of the pilot task of ordering scientific and technological products;

2. Annual Settlement

At the end of the year, the task head is responsible for preparing a settlement report on the funds used. Based on the minutes of the acceptance of the work volume completed, the leading organization is responsible for reviewing the settlement funds of the task corresponding to the work volume completed during the year to include in the annual settlement of the leading organization (separately recording the funds of the pilot task of ordering products according to Decision No. 846/QĐ-TTg); determining the remaining funds not yet utilized, with a written document sent to the State Treasury where the leading organization has an account for procedures to transfer to the next year for continued implementation;

3. Settlement of Funds Upon Completion of the Task

a) After completing the task, the task head is responsible for preparing a settlement report on the task simultaneously with the research results report of the task;

b) Based on the minutes of the acceptance of the task by the Science and Technology Council of the Ministry of Agriculture and Rural Development at level "satisfactory" or higher, the Ministry of Agriculture and Rural Development is responsible for reviewing the settlement of the task (including the final year's settlement funds, the amount of saved funds, and the proceeds from the material products of the task);

c) Based on the minutes of the acceptance and the minutes of the settlement review of the task, the Ministry of Agriculture and Rural Development will terminate the contract with the leading organization and the task head;

4. Handling of Surplus Balances

a) Unutilized surplus funds of the task in the year are transferred to the following year for continued use;

b) In cases where the Ministry of Agriculture and Rural Development permits an extension of the contract execution period according to point d, Clause 6, Article 1 of Decision No. 846/QĐ-TTg, any unutilized surplus funds at the end of the contract (if any) are transferred to the following year for continued use;

Article 10. Handling of Saved Funds and Material Products of the Task

1. Saved Funds

Based on the confirmation of the saved funds from implementing the contract by the Ministry of Agriculture and Rural Development, the task head prepares a plan for using the saved funds to submit to the leading organization for approval; individuals are responsible for paying personal income tax according to current regulations;

2. Proceeds from Material Products

Based on the confirmation of the proceeds from material products from implementing the contract by the Ministry of Agriculture and Rural Development, the task head prepares a plan for using the proceeds to submit to the leading organization for approval, including transferring 50% of the proceeds to the funds of the leading organization, and using 50% to reward the team and individuals directly involved in the contract.

Article 11. Handling responsibility of organizations and individuals when failing to complete contracts

1. Within fifteen working days from the date of receipt of the document determining the failure to complete the contract issued by the competent state management agency, the head of the task and the leading organization shall prepare a detailed report on the implementation process (content of activities and use of funds) of the task; clearly identify the causes (objective and subjective) and send it to the Ministry of Agriculture and Rural Development. Within thirty working days from the date of receipt of the report from the leading organization and the head of the task, the Ministry of Agriculture and Rural Development shall be responsible for checking and determining the causes leading to the failure to complete the task.

2. Depending on the objective or subjective reasons for failing to complete the task, the Ministry of Agriculture and Rural Development shall issue a decision to handle the leading organization and the individual head of the task financially as follows:

a) Repay the entire budget of the State that has been allocated but not yet used;

b) For the portion of the State budget that has already been used: The organization and individual shall repay the budget from the source of funds as stipulated in Section II.11 of Circular Joint Circular No. 93/2006/TTLT/BTC-BKHCN dated October 4, 2006 on guiding the system of cost allocation for scientific and technological projects funded by the State budget and handling as follows:

(i) In cases due to objective reasons: The total amount recovered shall not exceed 10% of the State budget funds used for the task, as provided in Section II.11 of Joint Circular No. 93/2006/TTLT/BTC-BKHCN;

(ii) In cases due to subjective reasons, according to point e, Clause 6, Article 1 of Decision No. 846/QĐ-TTg dated June 2, 2011 and Section II.11 of Joint Circular No. 93/2006/TTLT/BTC-BKHCN: The Ministry of Agriculture and Rural Development shall issue a decision to suspend the implementation of the contract and determine the amount of repayment of funds by the head of the task, but not less than 30% of the funds received; additionally, the individual head shall not participate in the selection or examination to implement scientific and technological tasks funded by the State budget for the next three years.

3. The maximum time for repaying the State budget is sixty days from the date the Ministry of Agriculture and Rural Development issues the decision on the repayment of funds to the State budget.

Article 12. Implementation Organization

1. This circular takes effect from February 12, 2013.

2. During the implementation period, if there are any difficulties, organizations and individuals are requested to reflect them to the Ministry of Agriculture and Rural Development, the Ministry of Finance, and the Ministry of Science and Technology for consideration and appropriate amendment./.