DECREE

Modify, add some of the provisions of the Digital Protocol 64 /2013/ND-CP 27th

June 2013 by the Government of the Government to rule out administrative violations

in science and technology activity, technology transfer.

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Government Law Base December 25, 2001;

The Administrative Administrative Processing Law on June 20, 2012;

The Science and Technology Law base on June 18, 2013;

At the suggestion of the Minister of Science and Technology,

The government issued the revised decree, adding some of the provisions of the Protocol. 64 /2013/ND-CP June 27, 2013 of the Government of the Government of the United States Regulation of sanctions on the administrative breach in scientific and technological activities, technology transfer.

What? 1. Modified, add some of the provisions of the Digital Protocol 64 /2013/ND-CP June 27, 2013 by the Government of the Government to rule out administrative violations in scientific and technological activity, technology transfer:

1. Article 2 is modified, adding as follows:

" Article 2. The consequences of remediation

In addition to the applicable remediation measures at Clause 1 Article 28 of the Administrative Violation Disposal Law, the organization, the individual violation may be imposed on one or more of the following remediation measures:

1. Forcing the refund of the cost of being appropriated or using the target error;

2. To remove the report, the document has the data, the content is false;

3. Forgot public reclamation on mass media ".

2. Article 5 is modified, adding as follows:

" Article 5. Violations of the activities of the board of science and technology

1. The warning to individuals is a member of the board of science and technology that does not perform the correct procedure or assessment, the point is not true for the criteria given by the state authority to the authority of regulation, appraisal, selection, evaluation, testing, and evaluation. It ' s a science and technology mission.

2. A fee of between 500,000 and 1,000,000 people on individuals is a member of the board of science and technology, which provides information regarding the assessment process, comments, and advisory results when not authorized by the decision agency. "the council".

3. Article 6 is modified, adding as follows:

" Article 6. The regulatory violation of registration results performs scientific and technological tasks using the state budget of the United States.

Fines of between $2,000,000 and 5,000,000 are individuals; fines from 4 million to 10,000,000 dollars for the organization did not register the results of scientific and technological duty using the state budget by regulation at the state agency. I have jurisdiction. "

4. Article 7 is modified, adding as follows:

" Article 7. Violation of the regulations on scientific and technological activities

1. A warning to the individual, the organization that carried out scientific and technological tasks using state budgets exceeding time has pledged without the consent of the state governing body to deliver the task.

2. fined $1,000,000 to $2,000,000 for individuals; fines from 2,000,000 to $4,000,000 for the organization falsely reported the truth in the selection of participants, considering one of the following events:

a) The results of the scientific and technological activity of the host registry;

b) The scientific background of the individual registers the dean of science and technology duties;

c) The power of the organization, the individual involved in the implementation.

3. fines from 2,000,000 to 4,000,000 individuals; fines from 4,000,000 to $8,000,000 for the organization have one of the following acts:

a) The false report of progress, content, results of research;

b) The file for the evaluation, the results of the results of scientific and technological tasks, the true content of the truth.

4. Measure corrects:

Forced to cancel the report, the document has the data, the actual false content for the behavior of regulation at points a, b paragraph 3 This ".

5. Article 8 is modified, adding as follows:

" Article 8. Violations of the regulation of reporting, registration, operational deployment and dissolution of the scientific and technological organization.

1. Penitentiation from 1,000,000 to 2,000,000 co-reports of scientific and technological organizations does not report the activity under the regulation of the competent state governing body.

2. Money from 1,000,000 to 2,000,000 co-workers to the scientific and technological organization Vietnam does not inform the Ministry of Science and Technology the establishment of scientific organization and technology directly abroad, representative office, foreign branch office, and foreign affairs. for the 30-day period, since the day of being established.

3. Money from 2,000,000 to 3,000,000 co-scientific and technological organizations have one of the following acts:

a) Non-registered activity at the state agency has jurisdiction over the 60-day period, since the date established;

b) Non-registration of change, addition, reissued the Certificate of Science and technology Registration Certificate in the 12-month period from the date of the change, the addition of the content inscribed on the Certificate of Science Activity Registration and technology or loss of certificates register for scientific and technological activities.

4. fines from $2,000,000 to 4 million individuals; fines from 4 million to $8,000,000 for the organization's implementation of the non-proper process, the procedure for the dissolution of science and technology according to the rule of law.

5. Money from 5,000,000 to 10,000,000 dollars for the scientific and technological organization has one of the following acts:

a) To conduct scientific and technological operations when the Certificate of Registration of Science and the technology, the Certificate of Representative Office Activity, Branch, Office establishing the representative office, the branch of the scientific organization and the water technology organization, is published. besides having been suspended by the state governing body, suspended or rescinking the effect;

b) conduct scientific and non-field operations in the field of recording in the Registration Certificate of Science and technology, representative certificate of office, branch, branch of the organization, branch of the organization, and branch of the organization. scientific science and technology;

c) Do not maintain operational conditions such as when registering to establish a scientific and technological organization.

6. Money from 10,000,000 to 15,000,000 co-scientific and technological organizations have one of the following acts:

a) To conduct scientific and technological operations when there is no registered certification of scientific and technological activity, the Certificate of Representative Office Activity, Branch, Office establishing the representative office, the branch of the scientific and public organization, and the company. the foreign art;

b) The lease or loan of the certificate of registration of scientific and technological activity, the Certificate of Representative Office Activity, Branch, Office of the Representative Office, branch of the scientific organization and foreign technology.

7. fined $5,000,000 to $10,000,000 for individuals; fines from 10,000,000 to 20,000,000 to 20,000,000 to the organization with false conduct of paper, document in the filing of a Certificate of Certificate in Certificate of Scientific and Industrial Activity, The certificate is representative of representative office, branch, license to establish representative office, branch of scientific organization and foreign technology.

8. Money from 20,000,000 to 30,000,000 co-workers with the Vietnam Science and Technology organization established scientific and technological organization directly abroad, representative office, foreign branch office without permission from the Ministry of Science and Technology. Yeah,

9. Additional execution form:

The title uses the Registration Certificate of Science and technology, the Office of Representative Office Operations, branch, the license to establish a representative office, branch of the scientific organization and foreign technology from 01 months to 03 months. for the organization to perform the behavior of regulation at point b 6 This Article ".

6. Add Article 8a after Article 8:

" 8a. Violation of the assessment of evaluation, ranking of scientific organization and public technology.

1. Money from 3,000,000 to 6,000,000 co-workers with the scientific organization and public technology do not implement a review requirement to serve the state management of the competent state governing body.

2. Penituate from 5,000,000 to 10,000,000 individuals; fines from 10,000,000 to 20,000,000 co-independent for an independent assessment organization have one of the following acts:

a) Make an assessment, ranking is not correct method, assessment criteria;

b) Do the assessment, the ratings are not honest, neither objectively or not legally correct;

c) Do not publicly evaluate the assessment, rank according to the rule of law ".

7. Article 9 is modified, added as follows:

" Article 9. Breach of the Property Regulation, using the results of scientific and technological activity.

1. Police charges or fines of between 500,000 and 1,000,000 individuals; fines from 1,000,000 to 2,000,000 people on the organization have behaviours using the results of scientific research, figures, personal information, other organizations in the report. Science, scientific literature, but not only the origin, the origin of the results of that study.

2. Penitentiated from 5,000,000 to 10,000,000 co-ownership of the acquired organization, the right to use the results of scientific research and technological development using state budgets has one of the following acts:

a) Not to report a state-owned representative on the results of the exploitation, transfer or transfer of ownership, the right to use the results of scientific research and technological development;

b) Not to inform the state owner representative when it is no longer the capacity to exploit the right to use the results of scientific research and technological development;

c) No implementation or implementation of the jurisdiction of the competent governing body.

3. Money from 10,000,000 to 15,000,000 individuals; fines from 20,000,000 to 30,000,000 to the organization with one of the following acts:

a) Use, publish data, process of technology, information concerning the results of scientific and technological activity in the ownership of the individual, the other organization without the permission of the individual, that organization;

b) Subscribe, publish the scientific research work of the individual, the other organization without the permission of the individual, that organization;

c) Use the initiative, technical improvements, streamline technological processes or other personal research results, organizations to register to attend exhibitions, competitions, prizes in science and technology that are not permitted by the individual, organization.

4. Measure corrects:

a) Forcing Public to public information on the means of mass information on the behavior of regulation at points a, b, c 3 This Article;

b) Forced To Submit illegal benefits due to the execution of a violation of the prescribed behavior at points a, b, c paragraph 3 This (if any) ".

8. Article 10 is modified, adding as follows:

" Article 10. Violations of the application for application, disseminology of scientific and technological results

1. A currency of between 1,000,000 and 3,000,000 partners for the organization is the head of the project, the social economic development program that uses a state budget has one of the following acts:

a) Not to report the use of funding for scientific and technological activity by regulation;

b) No research organization to build the scientific base in the preparable phase, implement the investment, address the scientific problem and the technology that arise during the execution;

c) Not properly implemented, fully concluded the appraisal of the scientific basis and the prescribed technology appraisal.

2. fines from 3,000,000 to 5,000,000 individuals; fines from 6,000,000 to 10,000,000 to 10,000,000 people on the organization have a common behavior that results in analysis, appraisal, appraisal when not being ordered by the state authority.

3. Money from 5,000,000 to 10,000,000 individuals; fines from 10,000,000 to 20,000,000 co-workers with scientific and technological task use of the state budget, are committed, have an application address in production and life. living but not directly or engaged in the implementation of the results of the results of the research into production, life.

4. Money from 10,000,000 to 15,000,000 dollars for the individual; fines from 20,000,000 to 30,000,000 to 30,000,000 to the organization that have the result of an effective application of the scientific and technological tasks that do not use the state budget into production and production. life, the colony must be determined by regulation, but there is no appraisal of the state governing body of science and technology.

5. Measure corrects:

a) To resubmit the illegal benefits due to the execution of a violation of the conduct of regulation at paragraph 2 This Article (if any);

b) Forcing the destruction of goods, materials that harm human health, livestock, crops and the environment, the culture has toxic content on the prescribed behavior at Clause 4. "

9. Article 12 is modified, adding as follows:

" Article 12. Violations of the regulation of registration, management, use of the Foundation for Science and technology development

1. Money from 1,000,000 to 3,000,000 individuals; fines from 2,000,000 to 6,000,000 co-workers for the establishment of the Foundation for Scientific Development and technology have one of the following acts:

a) Not to announce the establishment of the Foundation for Scientific Development and technology with the state governing body of science and technology by regulation;

b) Do not report quotation, use of the Scientific Development Fund and the prescribed technology.

2. fines from 2,000,000 to 4 million individuals; fines from 4 million to $8,000,000 for the establishment of the Foundation for Scientific Development and technology have one of the following acts:

a) There is no proposed statute, determination of the mission, organization implementation and evaluation of the organization of the scientific and technological tasks of the organization;

b) There is no spending regulation, using the organization ' s scientific and technological development fund.

3. fines from 3,000,000 to 6,000,000 individuals; fines from 6,000,000 to 12,000,000 co-organisations with management behavior and the use of the Science Development Foundation and non-content registered content.

4. Money from $4,000,000 to 8,000,000 individuals; fines from $8,000,000 to 16,000,000 co-organisations with the establishment of the Scientific Development Fund and non-registered technology.

5. Money from 10,000,000 to 15,000,000 dollars for individuals; fines from 20,000,000 to 30,000,000 dollars for the non-reimbursable organization at the time of funding funding from the Foundation for Scientific Development and technology formed from the bank ' s capital. The state book without the consent of the state authority has jurisdiction.

6. Money from 30,000,000 to $40,000,000 to the organization of the foundation of the Foundation for the Development of Science and Technological Development for not sufficient minimum rates for the Foundation for the Development of Science and technology.

7. Money from $40,000,000 to $50,000,000 for the organization of the organization that faces the Foundation for Scientific Development and technology that does not extract corporate income tax revenue to establish the Foundation for Science and technology development.

8. Measure corrects:

a) The refund of the number of appropriated funds, not reimbursable in paragraph 5 This Article;

b) Forced To Submit The Illegal Benefits Due To The Execution Of A Violation Against The Prescribed Behavior At Paragraph 5 This Article (if any) ".

What? 2. Effect of execution

This decree has been in effect since 15 December 2014.

What? 3. The transition clause

For administrative violations in scientific and technological activities that occurred before December 15, 2014, which was later detected or considered, the settlement applies to the organization's interests, the individual violated.

What? 4. organizational responsibility

1. The Minister of Science and Technology directed this decree.

2. The ministers, the chief of the government, the Prime Minister of the Government, the Chairman of the People's Committee of the provinces, the Central City of the Central Committee, is responsible for the implementation of this decree.