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Circular 13/2015/tt-Bnnptnt: Guidelines And Procedure Of Recognized Technical Advances And New Technologies In The Agricultural Sector And Rural Development.

Original Language Title: Thông tư 13/2015/TT-BNNPTNT: Hướng dẫn trình tự, thủ tục công nhận tiến bộ kỹ thuật và công nghệ mới ngành Nông nghiệp và Phát triển nông thôn

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AGRICULTURE AND RURAL DEVELOPMENT
Number: 13 /2015/TT-BNPTNT
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, March 25, 2015

IT ' S SMART

Sequencing guidance, the procedure of recognizing technological advances and new technologies of Agriculture and Rural Development.

______________________________

Department of Science and Technology Law 29 /2013/QH13;

Base of Protocol 199 /2013/NĐ-CP November 26, 2013 of the Government regulates the functions, duties, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

At the suggestion of the Chief of Science, Technology and the Environment,

The Minister of Agriculture and Rural Development issued the Sequencing Guidance, which recognizes the technological advances and new technologies of agriculture and rural development.

Chapter I

GENERAL REGULATION

What? 1. The adjustment range

1. This information guides the sequence, procedures for the recognition of technological advances and new technologies applied to the rural and rural development industries.

2. This message does not adjust the following content:

a) The recognition of the cultivar, the livestock, the breed.

b) The testing, testing, registration of agricultural physical circulation of the state management range of the Department of Agriculture and Rural Development.

What? 2. Subject applies

This information applies to organizations and individuals who are involved in the recognition of technological advances and new technologies of the state management range of the Department of Agriculture and Rural Development.

What? 3. Explain words

In this message the words below are understood as follows:

1. Technical and new technological advances (the following abbreviated as technological advances) are products generated from the results of scientific and technological tasks; technical solutions, management solutions, application solutions.

Technical progress must meet the regulation at Article 6 of this Information and by the competent authority.

2. The scientific Council of Technology is the Council due to its organization, the unit of legal status and the appropriate professional capacity.

3. The Agency for Technical Progress is the Directorate General, Department of the Ministry of Agriculture and Rural Development which has a duty to receive the case, consider recognizing the progress of engineering in the field of management assignment.

What? 4. The rights and obligations of the organization, individuals have a recognized technical progress.

1. The organization ' s rights, the individual has technological advances recognized.

a) To be advertised, published, and transfer of results applying technical progress into production under the rule of law;

b) The complaint, denouncing the violations of the violation of the right and its legal interests in accordance with the rule of law;

c) Other rights under the rule of law.

2. The organization ' s obligation, the individual has a recognized technical progress.

a) responsible for the origin of the land and the relevant documents of the technical progress;

b) There is a process of engineering instruction and local report text where the implementation of the implementation of the technique knows for coordination of management, tracking;

c) Other obligations under the rule of law.

Chapter II

SEQUENCE, REGISTRATION PROCEDURE, RECOGNITION AND CANCELLATION OF TECHNICAL PROGRESS

What? 5. The Base recognizes the technical progress

The recognition of the technical progress is based on one of the following two bases:

1. Product or part of the product generated from the results of the scientific mission and technology have been evaluated, recoverable from the point of reaching up.

2. Technical solutions, management solutions, application solutions.

What? 6. Conditions of recognition of technical progress

1. For the technological progress that creates technology, the new solution must meet the following conditions:

a) There is new, innovative, stable and competitive;

b) The product must be certified to the required quality, miniming the impact on the environment, exploitation of resource efficiency, has the prospects of expanding production, contributing to social security stability.

2. For technological advances that produce technology, products aimed at competing or replacing the same product have been recognized in the nearest time, in addition to the stipulation at 1 This also must meet the following conditions:

a) Save a minimum of 5% of production costs;

b) Power above 10%.

What? 7. Viewer, registration procedure recognition of technical progress

1. Organization, individuals with the need to register for the recognition of either directly or via postal mail 01 (one) a prescribed set of files at paragraph 2 of this to the Technical Advancement Recognition Authority. The file must be sealed, clear the address.

2. Technical advance recognition records include:

a) The application for the recognition of the technical progress (Form 1 issued with this message);

b) Report results implementation of the technical progress (Form 2 issued by this message);

c) Reassessment, assessment of organizations, individuals applying technical progress (for comment, the individual assessment must have confirmation of the recipient ' s signature signature of the local authority) and the appraisal, the current assessment (if applicable) (Form 3a and Type 3). Sample 3b issued with this message;

d) Document-level scientific council-level board of technology offers recognition of technical progress (Form 4, Form 5a (or Form 5b), Form 6, Form 7a issued with this message) and the text of the Council's contribution.

3. In the third (three) working days from the date that received the case, the Agency recognizes the audit techniques of testing, case conclusions (Form 4 issued by this message), and by written information about the validity of the case to the organization, the individual posted. Sign.

For the period 30 (thirty) days, from the date of the dispatch, organization, individual regioners recognize additional technical advances, complete the submission of the Technical Progress Agency.

Within 10 (ten) days, after receiving a valid profile, the Agency recognized the decision to establish the advisory council to recognize the technical progress.

What? 8. Technical progress appraiser

In the period 05 (year) day of work since the date of the decision to establish the Council or the Experts, the Agency recognizes the technical progress of organizing the progressive appraisal of engineering.

The appraisal advances the execution technique in one of two forms:

1. The advisory council recognizes the technical progress (later called the Council).

The Council has 07 (seven) or 09 (nine) members including: chairman, vice president, secretary, 02 (two) commissioners of protest and commissioners, in which:

a) The Chair (as the agency leader) and the scientific secretary of the Council of the Agency for the Public Advances Recognition of Engineering;

b) One (01) Member of the Scientific, Technology, and Environment Service;

c) A (01) member representative of the organization, local where the application advances the technique.

In addition to members of the Council, the Agency recognizes the Technical Directory 1 (1) the administrative secretary to help prepare the document and hold the session of the Council.

The session of the Council is held when there are at least two-thirds of the total membership, including the chairman or vice president authorized by the commission, 2 members of the protest and scientific secretary.

2. The specialist organization recognizes the technical progress (later called the Expert Nest).

The specialist nest has 03 (three) or 05 (five) members, including: Organization, Secretary, and Commissioners. The organization (as leader of the agency) and the secretary of the Agency recognized the technical progress.

3. Other members of the Council or the Foundation of Experts are the people who understand the field in relation to the technical progress of the recognition agenda.

The conclusion of the Council or the Group of Experts is unified when at least two-thirds of the members are present.

In the school required a council or an organization to recommend the Agency to recognize the technical progress of the formation of the company to evaluate, evaluate the site of the application of technical progress. Appraisal, review by Form 3b issued with this message.

4. The cases are not joined by the Council, the Expert:

a) Author, individual participant, participant in the implementation of the name in the technical progress;

b) The person who is being executed by the administrative breach in scientific and technological activity or is being pursued for criminal responsibility or has been sentenced without being cleared of the case;

c) The wife or husband, father, mother, son, brother, sister, brother of the author, the main member participating in the implementation of technical progress or other relevant rights and interests;

d) There is evidence of conflict of interest to the organization or the author of technological advances.

5. Order of the Council

a) Chairman of the Uniform Council and through working content;

b) The 3-member council enters the board of voting, which has a chief;

c) The organization, personally, has a technological progress that presents the results of the results of the implementation of the technical progress in accordance with the Form 2 issued by this Information;

d) Members of the council questioned the outcome and problems related to technical progress. The representative organization, the individual has the technical progress answering questions (if any);

Responding to the review;

e) The council discussed and evaluated the technical progress in Form 5a (or Form 5b) and Form 6 issued with this Smart;

g) President of the Council concluded the meeting;

h) The Secretary of the Council adopted the compiled Form 7a issued with this message.

6. Organisitalgia

a) Organisitfully unified and through working content;

b) The organization raises questions about issues related to technical progress. The representative organization, the individual has the technical progress answering questions (if any);

c) The expert discussed and evaluated the technical progress in Form 5a (or Form 5b) and Form 6 issued with this Smart;

d) The organization of experts concluded, the secretary of the organization adopted the 7b-issued pattern accompanied by this message.

What? 9. Evaluation, Technical progress recognition

1. After the official session, the maximum of no more than 05 (the year) day of work, the Council, the Expert Organization is responsible for transferring all of the evaluation records and relevant documents to the Agency for Technical advances.

The case united with the conclusion of the Council or the Expert, the Agency recognizes the technical progress in which it is informed by writing to the organization, the individual registering to recognize the technical progress in the fifth (year) day of work.

The case does not agree with the conclusion of the Council or the Experts, the Agency recognizes the technical progress of review and self-determination after the 05 (year) day of work.

2. In the 30 (thirty) working day, since the date received notice, the organization, the registered individual recognizes the progress of the technical progress in accordance with the Council's opinion, sent back to the Agency for the recognition of the technical progress.

3. Within 15 (fifteen) working days, since receiving the case has been completed, the Agency recognizes the technical progress of testing and transferring records of the Department of Science, Technology and the Environment to grant code, the number of regulations prescribed at this Article 10. In the 10 (ten) days of work after receiving the code-level text, the number of signs, the Agency for the Public Recognition Issued the decision to recognize the technical progress.

What? 10. Code regulation, technical advance number

The Department of Science, Technology and Environmental Management and Management Environment, the number of technical advances in the third round (three) of working days, since the receiving of the profile by the Agency for the Public Advancement Technique.

1. Code-level records, including:

a) Text-to-code statement, the technical advance number of the Agency recognizes the technical progress.

b) The completed technical progress profile adds the conclusion opinion of the Council or the Society to pass through. The specified file component at paragraph 2 Article 7 of this.

2. Code: TBKT xx-zz: yyyy/BNPTNT

In it:

-TBKT is an acronym for engineering.

-xx is the field code: 01 is the field of agriculture (cultivation, plant protection, veterinary herding, mechanical and post-harvest technology); 02 is the forestry sector; 03 is the Fisheries sector; 04 is the field of irrigation;

-zz is the number of technical progress.

Between the code in the field and the number of technical advances is separated by the horizontal dash (-).

Yyyy is the year of technical progress. Between the number of technical progress and the five divisions are separated by two dots (:).

-BNNPTNT is an acronym for the Ministry of Agriculture and Rural Development, which is set after the year of issued (yyyy) and is separated by slash (/).

What? 11. Huxiu decided to recognize the technical progress

1. annually the Agency recognizes technical progress in coordination with the Science, Technology and Environment Service to review and cancel the specifications of regulation at paragraph 2.

2. The technical progress is abandoned in one of the following cases:

a) The technical progress applied in practice does not meet the criteria for regulation at this Article 6.

b) The statute of limitations of this Article 12 is too limited.

What? 12. Renewal of technical progress

1. The validity of the decision of the decision to recognize the technological advances in no more than 05 (year) years. After the deadline, if the technical progress is still applicable, the organization, the individual as the procedure for the extension.

2. The proposed application to renew the specifications of the prescribed technique at Form 8 issued by this message.

3. Within 10 (ten) of the adoption date, the Agency recognizes the organizational technique of single appraisal and the decision to renew the validity of the technical progress. The procedure is determined and decided to renew the implementation of the procedure in accordance with paragraph 2, paragraph 6 Article 8 of this.

4. The effect of the decision to renew the technical progress is no more than 05 (year) years. Technical progress is only limited to 1 (one) time.

Chapter III

THE ORGANIZATION.

What? 13. The responsibility of the agencies, units of the Ministry of Agriculture and Rural Development

1. Science, Technology and Environment:

a) The lead on the implementation of the Ministry of State management of the Ministry, presiding over the staff, guidelines, supervision, code-level, number and aggregation of the Secretary of State for the management activities and recognition of the technical progress.

b) The chair and coordination with the Agency for the Advancement Of technological advances, review and offer the Agency to recognize the technical progress of the decision to cancel the technical progress failed to meet the technical progress conditions.

2. The Agency recognizes the technical progress in the area that is managed by the assigned management:

a) Take on the profile and and the organization review the progress of the technical progress;

b) The decision to recognize the technical progress;

c) In collaboration with the Department of Science, Technology and the Environment to perform state management tasks on technical progress;

d) Check, monitor, resolve the complaint, denounce, process the breach in operation recognition of technical progress;

In total, a six-month period report, every year, and a request for the Leader of the Department for the operational recognition of technical progress.

What? 14. The responsibility of the Department of Agriculture and Rural Development

1. Head of the management of the activities that recognize the local deployment techniques.

2. General, a six-month period report, annually and on the request of the Ministry of Agriculture and Rural Development's request for the effect of applying technical progress on the site.

What? 15. Effect and execution clause

1. This message came into effect on 10 May 2015.

2. This information replaces the number Decision 86 /2008/QĐ-BNN August 11, 2008, by the Ministry of Agriculture and Rural Development enacted the process of recognizing the technological advances and new technologies of the rural and rural development industries.

3. In the course of execution if there is an entangrium, the proposal to organize, the individual reflects on the text of the Ministry of Agriculture and Rural Development for modification, the addition to the ./.

KT. MINISTER.
Chief.

(signed)

The National Business