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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Circular sequence, the procedure of recognition of technical advances and new technologies in the agricultural sector and rural development _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to the law on Science and technology, no. 29/2013/QH13;
Pursuant to Decree No. 199/2013/ND-CP on November 26, 2013 of government functions, tasks, powers and organizational structure of the Ministry of agriculture and rural development;
At the suggestion of the Director of the science, technology and the environment, the Minister of agriculture and rural development issued the circular sequence, procedure for recognition of technical advances and new technologies in the agricultural sector and rural development.
Chapter I GENERAL PROVISIONS article 1. Scope 1. This circular instruction sequence, procedure for recognition of technical advances and new technologies applied to agriculture and rural development.
2. This circular does not regulate the following: a) the recognition of plant breeding, the breed, the breed aquatic products;
b) the assay, test registration, circulation of agricultural materials in the scope of the governance of the Ministry of agriculture and rural development.
Article 2. The object that applies to this circular apply to organizations and individuals with activities related to the recognition of technical advances and new technologies within the governance of the Ministry of agriculture and rural development.
Article 3. Explanation of terms In this circular the terms below are interpreted as follows: 1. Technical advances and new technologies (hereafter abbreviated as technical progress) is the product created from the results of scientific and technological mission; technical solutions, Solution Manager, solution applications.
Technical progress must meet the provisions of article 6 of this circular and by the competent authorities.
2. The Council of science and technology facility Council's organization, the unit has a legal personality and competences suitable establishment.
3. The Agency recognizes technical progress is the General Department, the Bureau of the Ministry of agriculture and rural development has the task of receiving the record, considering the recognition of technical progress by sector was assigned to manage.
Article 4. Rights and obligations of the Organization, individuals with a recognized technical progress 1. The authority of the Organization, individuals with technical advancements are recognised a) advertised, published and delivered results apply technical advances into production in accordance with the law;
b) complaints, accusations about the violation of the rights and legitimate interests of themselves in accordance with the law;
c) other rights prescribed by law.
2. obligations of the Organization, individuals with technical advancements are recognised a) responsible for the origin and related documents of technical progress;
b) regulations technical guidelines and local report text where the implemented technical progress said manageable to coordinate, track;
c) other obligations prescribed by law.
Chapter II REGISTRATION PROCEDURE, in SEQUENCE, to RECOGNIZE and REMOVE TECHNICAL PROGRESS article 5. Recognition of base technical advances the recognition of technical progress is based on the following bases: 1. The product or parts of products created from the results of scientific and technological mission has been evaluated, from reaching the levels back up.
2. technical solutions, Solution Manager, solution applications.
Article 6. Conditions recognized technical progress 1. With regard to technical progress generates new solutions, technologies must meet the following conditions: a) novelty, creativity, stability and high competition;
b) products must be of satisfactory quality, minimize environmental impact, efficient exploitation of resources, there are prospects of expanding production, contributing to the stability of social security.
2. With regard to technical progress created the technology, product intended to compete or replace similar products had been recognized in the nearest time, in addition to the provisions in clause 1 of this article must also meet the following conditions: a) save a minimum of 5% of the production costs;
b) exceed 10% yield. 
Article 7. Order and registration procedure recognizes technical progress 1. The Organization, individuals wishing to register recognizes technical progress sent directly or by post 1 (a) the records prescribed in paragraph 2 of this Article to recognised technical progress. The records to be sealed, specify the address.
2. the registration records recognizes technical progress include: a) petition to recognize technical progress (form 1 attached to this circular);
b) reported the results of technical progress (sample 2 attached to this circular);
c) reviews, reviews of organizations and individuals apply technical progress (for reviews, reviews of the individual must have the signature validation review of the local authority) and the report on the evaluation, reviews (if available) (form 3a and 3b Form attached to this circular);
d) Materials Science Council meeting of grassroots technology suggest recognition of technical progress (form 4, form 5a (or model 5b), sample 6, 7a Form attached to this circular) and text explanation of the opinions of the Board.
3. Within 3 (three) working days from the date of the application, the Agency recognizes technical progress check, record conclusions (form 4 attached to this circular) and notified in writing about the validity of the record to the individual organizations to register.
Within a period of 30 (thirty) days from the date of sending the notification, organization, personal sign recognizing additional technical progress, improve the profile of the Agency recognizes technical progress.
Within 10 (ten) days after receiving a valid profile, the Agency recognizes technical progress issued a decision establishing the Advisory Council recognizes technical progress.
Article 8. Evaluation of technical progress within 5 (five) working days since the date of the decision or Council of experts, the Agency recognizes technical progress evaluation meeting Organization of technical progress.
Evaluation of the technical advances made in one of two forms: 1. the Council recognizes technical progress (hereinafter referred to as the Council) the Council has 7 (seven) or 9 (nine) members are: President, Vice-President, Secretary, 2 (two) Commissioners and Commissioners, which : a) the President (is the head) and the Scientific Secretary of the Council of the Agency recognizes technical progress;
b) One (1) Member representing the science, technology and the environment;
c) One (1) Member representing local organizations where application of technical progress.
In addition to the members of the Board, the agency recognized the technical progress of election 01 (a) Administrative Secretary to help the preparation of documents and organization of the session of the Council.
The session of the Council be held when at least 2/3 of the total number of members, including the Chairman or Deputy Chairman is authorized, 2 Commissioner and member of the Secretariat of the science.
2. recognize the consultants Nest technical progress (hereinafter referred to as the expert) expert has 3 (three) or 5 (five) members, including: Chief, Secretary and the Commissioner. Head (the head) and the Secretariat of the Agency recognizes technical progress.
3. The members of the Council or other expert who is knowledgeable in the field of technical progress concerning the proposal.
The conclusions of the expert or Council are United when at least 2/3 of the members present.
In the School Board or the necessary experts suggest the Agency recognizes technical progress established group to appraise, assess the scene applying technical progress. Report on the evaluation, the evaluation form 3b attached to this circular.
4. These cases were not involved, the Council of experts: a) author, the individuals involved, participate in the coordination of technical progress;
b) who are sanctioned because of administrative violations in the activities of science and technology or are being prejudice to criminal responsibility or was convicted but not yet deleted projects;
c) spouse, father, mother, children, siblings, brother of the author, the main members participated in technical progress or have other related rights and interests;
d) Who have evidence of conflict of interest with the organisation or the author technical progress.
5. The order of work of the Council a) Chairman of the Board and through the content work;
b March election Council members) on the ballot, including a head of Department;
c) represented the Organization, individuals with technical progress report presenting the results of technical progress in accordance with Form 2 attached to this circular;
d) Board members outlined questions regarding results and issues related to technical progress. Representative organizations, individuals with technical progress answers the question (if available);
DD) review read reviews;
e) discussion and evaluation of technical progress form 5a (or model 5b) and 6 Form attached herewith;
g) the Chairman concluded the meeting;
h) Secretaries through the minutes form 7a attached to this circular.
6. The sequence of work of expert a) Chief expert and Nest through the content work;
b the above mentioned expert) questions on issues related to technical progress. Representative organizations, individuals with technical progress answers the question (if available);
c) expert comment and reviews technical progress form 5a (or model 5b) and 6 Form attached herewith;
d) Chief expert conclusions Nest, Nest through the secretariat thereon according to the Model 7b attached to this circular.
Article 9. Reviews, recognizes technical progress 1. After the formal session, must not exceed 5 (five) working days, the Council, the specialist is responsible for transferring the whole profile reviews and documents relating to the Agency recognizes technical progress.
Case consistent with the conclusions of the expert or Council, the Agency recognizes technical progress responsible for notification in writing to the Organization, individuals register recognizes technical progress within 5 (five) working days.
The case is not consistent with the conclusions of the expert or Council, the Agency recognizes technical progress review and decide after 5 (five) working days.

2. Within 30 (thirty) working days from the date of the notice, the Organization, individuals register recognizes technical progress finalizing the record according to the opinion of the Board, sent the Agency recognizes technical progress.
3. Within 15 (fifteen) working days from the receipt of the record was complete, the Agency recognizes technical progress check and transfer records of science, technology and the environment to the level code, as defined in article 10 of this circular. Within 10 (ten) working days after receiving the signal code for text, numbers, the Agency recognizes technical progress issued a decision recognizing the technical progress.
Article 10. The provisions of the code, the number of the technical advances the science, technology and environment and the code, the number of technical progress within 3 (three) working days from the receipt of the record by the Agency recognizes technical progress moved to.
1. The profile level code, including: a) grant proposal writing the code, the number of the technical progress of the Agency recognizes technical progress.
b) profile technical progress has additional perfect ideas or Council conclusions of experts through. Profile components as specified in paragraph 2 to article 7 of this circular;
2. The code, technical progress: TBKT xx-zz: yyyy/BNNPTNT in that:-TBKT is the acronym of technical progress.
-xx is the code by sector: 1 is the agricultural sector (horticulture, plant protection, animal health, livestock and harvest technology); 2 is the forestry sector; 3 is the field of fisheries; 4 is the irrigation sector;
-zz is the number of technical progress.
Between the code by sector and number of technical progress are separated by hyphens (-).
-yyyy is the year issued technical progress. Between the number of technical progress and the year issued vđược separated by a colon (:).-BNNPTNT is the name of the Ministry of agriculture and rural development, placed after the year (yyyy) and are separated by a slash (/). Article 11. Annulment of the decision recognizes technical progress 1. Every year the Agency recognizes technical progress combined with science, technology and the environment of your organization and remove the technical progress the provisions in paragraph 2 of this Article.
2. Technical progress was abandoned in one of the following cases: a) technical progress to apply in practice does not meet the criteria specified in article 6 of this circular.
b) Too the time limit specified in paragraph 1 article 12 of this circular.
Article 12. The extension of the validity of technical progress 1. The time limit for the validity of the decision recognizes technical progress not exceeding 5 (five) years. After the time limit on, if technical progress is still worth applying, personal organization, recommended procedures.
2. Petition to extend the effect of technical progress specified in form 8 attached to this circular.
3. Within 10 (ten) days receipt, the Agency recognizes technical progress assessment organizations and the decision to extend the effect of technical progress. The procedure of the evaluation and the decision to renew the technical advances made under the provisions of clause 2, paragraph 6 article 8 of this circular.
4. The effect of the decision on the extension of technical progress not exceeding 5 (five) years. Technical progress was renewed only 1 (one).
Chapter III IMPLEMENTATION article 13. The responsibilities of the agencies and units of the Ministry of agriculture and rural development 1. Science, technology and environment: a) clue performed management duties of the State, chaired Chief, guide, monitor, performance, code number and report the Secretary General about the activities of management and recognized technical progress.
b) chaired and coordinated with the Agency recognizes technical progress review, reviews and recommends the Agency recognizes technical progress decision to cancel technical progress does not meet the conditions of technical progress.
2. The Agency recognizes technical progress according to the field is assigned with the mission management: a) receiving record and review organization and recognized technical progress;
b) issued the decision recognizes technical progress;
c) in collaboration with the science, technology and environment, make the task of managing the State of technical progress;
d) checking, monitoring, complaint resolution, report, handle active in violation of recognized technical progress;
DD) General, periodic reports 6 months, annual and sudden demand of The leadership on the recognition of technical progress.
Article 14. The responsibility of the Department of agriculture and rural development 1. Manage the activities recognized technical progress at the local level.
2. General, periodic reports 6 months, annual and sudden demand of Ministry of agriculture and rural development, on the results of application of technical progress.
Article 15. The validity and terms of implementation 1. This circular is in effect from May 10, 2015.
2. This circular replaces decision No 86/2008/QD-BNN on February 11, 2008 of Ministry of agriculture and rural development issued the regulation recognizes technical progress and new technology of agriculture and rural development.
3. in the implementation process if there are obstacles, personal organization, recommended that reflect in writing on the Ministry of agriculture and rural development to modify, complement accordingly./.

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