Circular 08/2015/tt-Bkhcn: Regulations Implementing The Program Of Cooperation Of Bilateral And Multilateral Studies On Science And Technology By 2020 And Search Programs And Technology Transfer Of The Water ...

Original Language Title: Thông tư 08/2015/TT-BKHCN: Quy định thực hiện Chương trình hợp tác nghiên cứu song phương và đa phương về khoa học và công nghệ đến năm 2020 và Chương trình tìm kiếm và chuyển giao công nghệ nước ng...

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SCIENCE AND TECHNOLOGY
Number: 08 /2015/TT-BKHCN
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, May 5, 2015

IT ' S SMART

Execute Regulations - Bilateral study cooperation. and multilateral science and technology

2020 and 2020 - Incense search and transfer of foreign technology by 2020

__________________________

Base of Protocol 08 /2014/ND-CP January 27, 2014 of the Government rules the details and guidelines that implement some of the provisions of the Law of Science and technology;

Base of Protocol 20 /2013/ND-CP 26 February 2013 of the Government stipulated the functions, duties, powers, and organizational structure of the Ministry of Science and Technology;

Implementation of Decision No. 538/QĐ-TTg on 16 April 2014 by the Prime Minister on the ratification of the bilateral and multilateral research cooperation program on science and technology to 2020;

Implementation of Decision No. 1069/QĐ-TTg on 4 July 2014 by the Prime Minister on the approval of the Search and transfer of foreign technology by 2020;

At the suggestion of the Chief of the International Cooperation and the Chief of the Legal Affairs,

The Ministry of Science and Technology of the Ministry of Science and Technology provides the implementation of the bilateral and multilateral research cooperation program on science and technology to 2020 and the Search and Exchange Programme of foreign technology until 2020.

Chapter I

COMMON RULES

What? 1. The tuning range, subject

1. This information regulates the implementation of the bilateral and multilateral research cooperation Program in science and technology to 2020 approved by the Prime Minister at Decision No. 538/QD-TTg on April 16, 2014 and the Search and Conversion Program. Foreign technology to 2020 was approved by the Prime Minister at Decision No. 1069/QĐ-TTg on 4 July 2014 (later abbreviated as Program).

2. This information applies to the organization, the individual to perform and participate in the Program, the state agency, the organization and the individual involved.

What? 2. Explain the word

In this Information, the words below are understood as follows:

1. The text of collaborative research with foreign partners is the written agreement of the leadership of the Party and State with foreign partners on science and technology; the editorial meeting of the Committee meeting, Vietnam ' s committee of cooperation on science and technology is assigned by the Government to the Ministry of Science and Technology as the delegate to the audience. foreign works; the text of bilateral and multilateral agreement on scientific cooperation and technology is delegated by the Minister of Science and Technology or the authorized representative of the Minister of Science and Technology to the foreign partner; the scientific cooperation text of the Ministry of Science and Technology. and the technology of the leadership, the peer-to-peer agency, the Provincial People ' s Committee, the central city and other state agencies in the central district (after ... This is a letter, industry and local) signed with foreign partners.

2. I What? Make foreign technology. is the research process to detect, evaluate the primacy of a foreign technology and the ability to deliver that technology into Vietnam, serving the development of science and technology, the economy-the society of the country.

3. Technology Search Specialist is a person with a degree, in-depth knowledge and ability to analyze, evaluate, advise on technology transfer to engage in search of technology, support technology transfer.

4. Technology Profile Report is the collection of information, technology related to technology, the new calculation of technology, competitive advantage, the application potential of technology; the development stages of technology (from ideas, laboratories, feasibility studies/feasibility, registration of intellectual property). The subject of technology; conditions and ability to transfer technology to research, master, and technology applications.

What? 3. Science and technology mission of the Program

The Scientific and technological mission of the Program (later known as the mission) are scientific and technological tasks that use the national state budget as specified in Clause 1 and Clause 2 Article 25 of the Digital Protocol. 08 /2014/ND-CP January 27, 2014 of the Government rules the details and guidelines that enforce some of the provisions of the Law of Science and technology, including:

1. The task of collaborative bilateral and multilateral research is subject to the scientific and technological project undertaken by the organization of science and technology in cooperation with the foreign partner and construction, which contributes resources to the organization to implement and meet the conditions of the world. regulation at this Article 6.

2. The search mission, which supports the transfer of foreign technology is the subject, scientific project and technology that seeks to seek technology; there is activity in support of organizations, individuals in the country performing technology transfer, technological perfection, manufacturing, production, and technology. testing and producing products.

3. The task of serving management work, implementation of the Program is subject to the topic of science and technology and other activities aimed at implementing the program ' s goals, content and solutions.

What? 4. Program selection principle

The mission of the Program is selected in accordance with the following principle:

1. The parties involved perform the mandate of the Programme to have the obligation and the responsibility of equality in the deployment of relevant work, guarantee national security, compliance with the laws of Vietnam, treaties and international agreements.

2. The mission must conform to the objective, content and product expected (the Program Framework), the Program deployment plan and the Program implementation budget.

3. The task priority with foreign partners is the agency, the experienced organization, the strong, willing to cooperate with Vietnam to address some of the scientific and technological issues that Vietnam cares about.

What? 5. Program number of Programs

1. Code number of bilateral and multilateral research cooperation: HNQT/SPĐP/XX.YY.

2. The number of search missions, which supports the transfer of foreign technology: HNQT/TKCG/XX.YY.

3. Task codes serving management, implementing Program: HNQT/Q/XX.YY.

In it:

-HNQT is the number code of the International integration scheme for science and technology until 2020;

-SPP is a bilateral and multilateral research cooperation symbol;

-TKCG is the search mission sign, which supports the transfer of foreign technology;

-QL is the task symbol serving the management, deployment of the Program;

-XX is the order of mission number.

-YY is the number of year charts sign that starts the mission.

Chapter II

PROGRAM TASK

What? 6. Multimedia and Multimedia Research Task

1. The task of collaborative bilateral and multilateral research is selected in accordance with the principle stated at Article 4 of this Information and to meet the following conditions:

a) The objective of the task in accordance with the writing of collaborative research with foreign partners, while simultaneously addressing at least one of the following key issues:

-Vietnam ' s long-term strategic science and technology problem in the direction of master, high-tech application, advanced technology into a number of key industries; master design technology and fabrication technology, manufacturing technology and manufacturing, and manufacturing technology and manufacturing technology. product has a high valuing value, creating opportunities for Vietnam to participate in the global value chain;

-Scientific and technological problem, the focus of direct service of national science and technology programs;

-The scientific and technological problems are implemented in the program, the international research project, the scientific and technological investment project in the world and in the region to create breakthrough, enhance scientific potential and Vietnamese technology.

b) The task of bilateral and multilateral research cooperation must achieve one of the following results: creating new technology; enhancing the quality of products and services with an increased value; developing organizations, strong research volumes, advanced equations, and more. We're in the area.

c) The organization, the individual in the participating country must have sufficient capacity to perform tasks, meet the requirements under the current regulations for the organization, the individual participating in the implementation of the scientific mission and the national technology. Foreign partners must guarantee the ability and commitment to cooperate according to the right objectives, the content has been agreed upon.

d) There is a specific coordination method with foreign partners in the deployment of mission, use and exploitation of research cooperation outcomes; the regulation of responsibility and the rights of the parties involved in the task.

2. Based on the stipulated conditions at this 1 Article 1 Article, the organization, individual in the country in coordination with foreign partners build a theory of bilateral cooperation and multilateral cooperation in accordance with the A-SPP at the Appendix issued by this Information.

What? 7. Search duty, support for the transfer of foreign technology

1. Search mission, foreign technology transfer support including 2 components: technological search and project support project. The search mission, which supports the transfer of foreign technology is selected under the principle stated at Article 4 of this Information and meets the following conditions:

a) Technology needs to seek to support the transfer of the Minister of Science and Technology to the order.

b) The main objective of the search mission, which supports the transfer of foreign technology that is defined in each particular section as follows:

-Software search for research, construction of the tech profile. The technology profile report must be analyzed, clarified the major information regarding technology, the development stages of technology, the technology that holds technology, conditions and the ability to transfer technology into Vietnam;

-The project component supports technology transfer implementation of technology transfer, research, master and technology development. Technology transfer activities must accompany the transfer of ownership or the right to use part or the entire technology from the party has the right to transfer technology to the recipient of the technology with the object of intellectual property under the rule of law;

c) The result of the search mission, which supports the transfer of foreign technology is to report technology profiles; foreign technology transferred, contribute to the formation of products, new services or enhance productivity and product quality, the goods of the company ' s business. Oh, The product generated from the mission has a specific application address, which has a high increase in value and production at large scale;

d) The organization participated in the task of organizing a scientific and technological organization (which has a field of scientific and technological activity in line with the technology needed to find) and the business (there is a need, commitment to carry out technology transfer). The technology transfer operation in the project section supports technology transfer to ensure that at least 02 businesses and 01 groups of scientists and technology belong to Vietnamese science and technology organizations engaged; there is sufficient capacity (finance, manpower, organization, organization, and technology). function) to implement the technology transfer contract; plans to develop the technology and organization of the product business.

2. Based on the regulatory conditions at Clause 1 This, the organization, the individual builder of the search mission theory, supports the transfer of foreign technology in accordance with the following 2 components: the theory of collaboration theory seeking technology; the presentation of the project composition. support for technology transfer under Schedule B-TKCG at the Appendix to this message.

What? 8. The task of serving management work, deployment of Program

1. The task of serving management work, implementing the Program must meet the following conditions:

a) Direct service deployment, the content of the Program.

b) The task must include one of the following contents:

-Organized formation, the research team has the potential to perform bilateral and multilateral research cooperation on the priority directions of the Program through the participation of the project and the international cooperation program;

-Building an expert network looking for technology;

-The conference organization, the international conference in Vietnam on scientific and technological issues, the focus, the timing, the urgency, the interdisciplinary, the interregional,

-Training, fostering, training, technology research, short-term research cooperation abroad;

-Building a number of mechanisms, policy of particular to international integration in science and technology.

c) The results of the mission are scientific reports; project results; project projects; proposals on mechanisms, policies; models, processes; new research methods; databases; development of organizations, potential research groups, and other products.

2. Based on the stipulated conditions at Clause 1 This, the organization, the individual builder of the task theory serving the management work, deplos the Program under the C-QL Schedule at the Appendix issued to this Information.

Chapter III

CONSTRUCTION ORGANIZATION

AND MANAGE THE MISSION OF THE PROGRAM

What? 9. Program Manager

Program management of the Program Management and Operations Management Activity under the regulation from Article 5 to Article 9 Digital News Number 1. 05 /2015/TT-BKHCN March 12, 2015 by the Minister of Science and Technology Regulation organizes the management of the national level of science and technology programs (later abbreviated as Digital Information). 05 /2015/TT-BKHCN).

What? 10. Proposal, identify, select, direct and approve the mission of the Program.

1. For the task of bilateral and multilateral research cooperation

a) The proposal, determination, selection, direct communication and approval of the mission are made in accordance with regulation from Article 5 to Article 8; Clause 2, 3, 4, 5 Articles 10 Digital 12 /2014/TT-BKHCN May 30, 2014 of the Minister of Science and Technology Regulation of scientific and technological duty under the Protocol Protocol (later abbreviated as Digital Information) 12 /2014/TT-BKHCN ) and Digital News 10 /2014/TT-BKHCN May 30, 2014, of the Minister of Science and Technology ' s selection of the selection, direct communication of the organization and the individual carrying out the scientific mission and national technology using the revised state budget, adds some of the provisions at the Ministry of Information. 23 /2014/TT-BKHCN September 19, 2014 (the following is generally Digital News) 10 /2014/TT-BKHCN).

b) On the basis of the ordering of orders of ministries, industries and localities, the work of research cooperation with foreign partners (if any), the Ministry of Science and Technology conducted the identification of the order.

For the undetermined order missions that are performed by foreign partners, the Ministry of Science and Technology in coordination with organizations, individuals are concerned with the search for foreign partners; negotiations and the organization to sign the study of collaborative research with the partner. -Foreign.

c) The draft registration filing, direct communication includes the theory of bilateral and multilateral research cooperation mission under the A-SPP banner and other documents specified at paragraph 3, Article 8 Digital Information and Social Media. 12 /2014/TT-BKHCN.

d) The task of demonstrating bilateral and multilateral research cooperation must be able to present the resources of foreign partners (financial resources, manpower, facilities, and other needed resources) to contribute to the task, minimum response 30% of the time. It ' s a total budget that ' s expected. The special case was reviewed by the Minister of Science and Technology, the decision.

2. For the search mission, support for the transfer of foreign technology

a) The construction of the portfolio of technology ordering the search is specified in particular at Article 11 of this.

Based on the portfolio of technology ordering, organizations, individuals taking part in search missions, support for the transfer of foreign technology in accordance with the search for technology search, part of the project to support technology transfer.

b) The selection, the direct communication of the organization, the individual who implement the topic of search for technology is done by regulation at the Digital Information 10 /2014/TT-BKHCN and some of the following specific rules:

-Time implementation of the maximum technology search for maximum technology is no more than 12 months;

-Draft registration filing, direct communication includes the theory of the presentation of the search for technology under Schedule B-TKCG (in Part I and Section II.A) and other documents by regulation at Digital Information. 10 /2014/TT-BKHCN;

-Vote for the review, review of the Consultated Advisory Council, direct the conduct of scientific and technological tasks in accordance with the NXTTTKCN and DGTTTKCN in the Appendix issued by this message.

c) The implementation of the search for a technology search engine must be evaluated in the current process prior to the implementation of the search for technology transfer support project, which supports the transfer of foreign technology.

d) Base in the decision to recognize the results of the implementation of a technological search or technology case report which is defined by the Ministry of Science and Technology and approved by the Ministry of Science and Technology, the business, scientific organization and registration technology implementing the project to support the project. transfer technology on the search mission, support the transfer of foreign technology, send the Ministry of Science and Technology to review, communicate directly. Direct delivery is done according to the regulation at Digital News. 10 /2014/TT-BKHCN and some of the following specific rules:

-The time implementation of the maximum technology transfer support project is not more than 24 months. The special case was reviewed by the Minister of Science and Technology, the decision.

-Direct registration filings include the theory of the project component project support for technology transfer under Schedule B-TKCG (in Part I and Section II.B) and other documents by regulation at Digital Information. 10 /2014/TT-BKHCN;

-Vote for comment, the review of the Council of Direct Affairs directly performs scientific and technological duty under the NXDACGCN and DGDACGCN Schedule at the Appendix issued by this Information.

3. For the task of serving management work, deployment of Program

a) The organization of the proposal, identification, selection, direct communication and approval of the mission are made as specified in the Digital Information. 05 /2015/TT-BKHCN.

b) The draft registration filing, direct review of the task theory of duty serving management, implementation of the Program in accordance with the C-QL Chart and other documents by regulation at Digital Information 10 /2014/TT-BKHCN.

What? 11. Build a portfolio of technology ordering

1. Proposal ordering technology to search

a) Request for technology to seek:

Technology in search is new technology, highly competitive; there is a groundbreaking impact on the scale of production and quality of the product, promoting socio-economic development, defense, and security.

b)

-The demands of the Leader of the Party and the State;

-The nation ' s scientific and technological development strategy; strategy, economic development plans-the society of ministries, sectors, and local in line with the goal, content, mission of the Program; and

-The practical need to address the urgent matters of security, defense, natural disasters, epidemics and development of the science and technology of Vietnam;

-The technology information data provided by the expert search technology, the proposal.

c) The specified base at the point a and at least one of the regulations states at this point b, the ministry, industry, and the local order to order the technology to seek in accordance with the Periodic Table of KCNs at the Appendix issued by this message, send the Ministry of Science and Technology.

2. The Ministry of Science and Technology aggreposes order to order the technology to seek; the organization reviews, selecting the necessary and viable proposals to build and approve the portfolio of technology ordering the search as the basis for the selection of search tasks. making, support for the transfer of foreign technology of the Program.

The identification of the category of technology ordering the search is made by regulation at the Digital Information. 07 /2014/TT-BKHCN May 26, 2014, of the Minister of Science and Technology Regulation, the procedure of defining the scientific and national technology mission using the state budget.

The portfolio of technology orders needs to be searched by the Ministry of Science and Technology, evaluated, periodically added (6 months) or a request-to-demand mutation.

What? 12. The organization signs the task of the Program.

1. Based on the Decision to approve the mission of the Program, the Ministry of Science and Technology is contracted to perform tasks with the prescribed host organization. The contract template implementation of the mission is carried out as specified in the Digital Information 05 /2014/TT-BKHCN April 10, 2014 by the Minister of Science and Technology enacted "The Form of Scientific Research and Technology Development" (later abbreviated as Digital) 05 /2014/TT-BKHCN).

2. The presiding organization is responsible for organizing the task deployment in accordance with the right objectives, content, progress and use of the funding granted under the Contract.

What? 13. Regulatory, inspection and evaluation during the task execution process.

The regulation, inspection, and evaluation are implemented by regulation at the Digital Information. 04 /2015/TT-BKHCN March 11, 2015 by the Minister of Science and Technology regulates the inspection, evaluation, adjustment, and termination of the contract in the course of the implementation of the national science and technology mission using the state budget. The presiding organization is responsible for preparing and providing full information regarding the mission of the Program being implemented and facilitalling the inspection, evaluation.

What? 14. End of contract

The termination of the contract and the handling of the relevant issues after the termination of the contract is done under the regulation at No. 05 /2015/TT-BKHCN.

What? 15. Evaluation, capture, recognize results of the mission of the Program

The Ministry of Science and Technology organizes the evaluation, acceptance, recognition, and public publication of the results of the implementation of the Programme on the Regulation at No. 11 /2014/TT-BKHCN May 30, 2014, of the Minister of Science and Technology, which regulates the evaluation, the results of the results of scientific and national technology use of the state budget and related texts.

What? 16. The contract bar and exploit the mission results of the Program

1. The Ministry of Science and Technology organizes contract liquoration with the prescribed organization.

2. The presiding organization is responsible for managing, exploiting, transferring the task results of the Program by the rule of law. Intellectual property rights, the right to use the results follow the laws of science and technology and intellectual property.

3. Registration, retention of the task results of the prescribed implementation Program at the Digital Information 14 /2014/TT-BKHCN June 11, 2014 by the Minister of Science and Technology for the collection, registration, retention and publication of information on scientific and technological tasks.

What? 17. Asset Processing

The handling of the asset after the end of the mission of the Program is done in accordance with the current regulations.

What? 18. The Business implementation of the Program

1. The funding from the state budget source for the implementation of the Program is balanced in the annual scientific and technological-business spending bill, which is assigned to the Ministry of Science and Technology to implement. Funding from other sources is carried out in accordance with the existing regulations of the law.

2. The financial mechanism implementing the Program is carried out according to the manual text of the Ministry of Finance and the Ministry of Science and Technology and other documents that are relevant to the management and implementation of scientific tasks and technology using the state budget. Water.

Chapter IV

EXECUTION CLAUSE

What? 19.

It has been in effect since 20 June 2015.

What? 20. The organization performs

1. The chief of subordinate units of the Ministry, the Head of the Agency, the organization and the individuals involved are responsible for this practice.

2. In the course of execution if there is an entangrium, the agency, the organization, the individual reflects on the Ministry of Science and Technology for the study, review the amendment, complement the ./.

Minister.

(signed)

Nguyen Quan