Circular 28/2014/tt-Bkhcn: Regulatory Review, Appraisal, Approval Of The Mission Are Supported From The State Budget Spent On Science And Technology Careers In Manufacturing Investment Projects ...

Original Language Title: Thông tư 28/2014/TT-BKHCN: Quy định việc xét duyệt, thẩm định, phê duyệt nhiệm vụ được hỗ trợ kinh phí từ ngân sách nhà nước chi sự nghiệp khoa học và công nghệ thuộc Dự án đầu tư sản xuất...

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SCIENCE AND TECHNOLOGY
Number: 28 /2014/TT-BKHCN
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, October 15, 2014

IT ' S SMART

Specifies the review, appraisal, approval of the task.

support funding from the state budget of a scientific career and the

technology in the National Product Manufacturing Investment Project

____________________

MINISTER OF SCIENCE AND TECHNOLOGY

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

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;

Decision base 2441/QĐ-TTg on December 31, 2010 by the Prime Minister on the approval of the National Product Development Programme to 2020;

At the suggestion of the Chief of Science and Technology of the Economics of Economics-Engineering and the Chief Legal Affairs Department;

The Ministry of Science and Technology issued a review of the review, appraisal, approval of the mission supported by the state budget of the state of science and technology under the National Product Manufacturing Investment Project.

Chapter I

GENERAL REGULATION

What? 1. The tuning range and subject apply

1. This information regulates the review, appraisal, approval of the mandate to be supported by funding from the state budget of science and technology (KH&CN) of the National Product Manufacturing Investment Project (later abbreviated SPQG Investment Project).

KH&CN potential investment projects serving national product development are supported by funding from the development investment budget that do not fall under the regulation of this Smart.

2. This information applies to the agency, organization, and individual that is involved in the management and implementation of a mission that is supported by funding from the KH&CN business state budget of the SPQG Investment Project of the National Product Development Programme until 2020.

What? 2. Explain the word

In this information the words below are understood as follows:

1. The mission is supported by funding from the KH&CN business state budget of the SPQG Investment Project (later abbreviated as " SPQG Investment Project ) is the study of application of the results of the KH&CN mission or the reception of new technology transfer, advanced from other sources to master, complete and stabilize the technology to produce SPQG, including the following types:

a) Transfer of manufacturing technology SPQG: reception of technical secret transfer; technological methods, technological processes, technical solutions, techniques, technical specifications, drawings, engineering schemes, computer programs, data information; legal solutions; and solutions. production of manufacturing, technological innovation; procurement, importing machine equipment machinery in unproduced water that is serving SPQG manufacturing technology;

b) The application of SPQG manufacturing technology: finalization of the technology process, KH &CN; construction of computer software; testing, analysis, testing, product quality evaluation; production of zero.

2. Zero batch is the batch of products produced on the device system, the technology line has been perfated (for manufacturing products in the industrial mode) or pilot production model, testing (for manufacturing products in other ways). to stabilize technology, scale of production, quality of product before mass production.

3. SPQG Management Unit is the state governing body of the State Administration of SPQG that is tasked with the management of the projects, the SPQG development project.

The KH&CN case of the economics-engineering of the Ministry of Science and Technology (Ministry of KH&CN) is the first unit to manage the National Product Development Program until 2020, and the SPQG Management Unit of the Department of KH&CN.

What? 3. Apply legal text

1. The coordination mechanism between Ministry of KH&CN, SPQG ' s Board of Directors, SPQG Management Unit, organizes the SPQG Investment Project, SPQG Investment Project director, mission dean of SPQG Investment Project and organizations, individuals involved in the SPQG Investment Project. The review process, appraisal, approval of the SPQG Investment Project is supported by funding from the KH&CN career state budget implemented by regulation at the SPQG Development Program Management Guide to the 2020 Department of Science and Technology. Technology and other texts are related.

2. The principles of work and accountability of the censor councils and the regulatory appraisal at Article 7 and Article 11 of this Notice are applicable under Article 10 of the Digital Information. 10 /2014/TT-BKHCN May 30, 2014, of the Ministry of Science and Technology for the selection, direct communication of the organization and the individual carry out the scientific mission and national technology using the state budget.

3. Independent counsel: regulation of independent consulting expert, the procedure for opinion and the responsibility of the independent consulting expert applied under Article 16, Article 17 and Article 18 of the Fourth Census. 10 /2014/TT-BKHCN of the Ministry of Science and Technology.

Chapter II

REVIEW OF THE INVESTMENT PROJECT

NATIONAL PRODUCT PRODUCTION

What? 4. Required for SPQG Investment Project is supported by funding from the KH&CN business state budget.

1. SPQG Investment Project (including a new investment project or extended investment project) supported by funding from the KH&CN business state budget must be derived from the results of the KH&CN mission or take on the transfer technology from the sources in and beyond. The water to produce SPQG in the framework of the SPQG development framework has been approved.

2. The order, the investment procedure of SPQG Investment Project is implemented under the Investment Law, Public Investment Law and the relevant legislation that are relevant.

3. The appraisal of the scientific basis, the appraisal and the technological appraisal of the SPQG Investment Project is implemented as defined by the Law Transfer Laws and the relevant legislation that are relevant.

4. Content offer support from the KH&CN business state budget for tasks under the SPQG Investment Project not to be duplicated with the content of the KH&CN project that develops the SPQG or other KH&CN mission that has been supported from the budget source.

What? 5. Browse Profile

1. Host of the SPQG Investment Project (SPQG), which sets up a review of the review under the provisions at paragraph 2 of which sends the authority to review the review, appraisal and approve the funding of support from the state budget prior to the investment procedure.

2. The browser registration filing includes the following documents:

a) 01 Subscriptions for the organization host of the SPQG Investment Project in accordance with the A1-DK-DUST-SPQG specified at Annex I of this Smart;

b) 01 main theory of the SPQG Investment Project in the A2-TMDA-DADT-SPQG and the primary task theory of SPQG Investment Project in accordance with the A3-TMNV-DAOT-SPQG designation at Annex I of this Smart;

c) The feasibility study of the feasibility or economic report-the engineering of SPQG Investment Project and relevant legal texts (if any);

d) The results of the results of the scientific basis appraisal, the appraisal and the technological examiner of the project as defined by the Law Transfer Laws and the relevant legislation of the relevant law;

A copy of 01 in the text: The decision to establish, the KH&CN operational registration certificate, the production of manufacturing operations, the business of hosting the SPQG Investment Project;

e) 01 Report Summary KH&CN, the business production of the SPQG Investment Project host.

3. File: Host the SPQG Investment Project to direct the Head Office of SPQG 01 the original profile (marked and direct signature) closed to 01 volumes, presented and printed on the A4 paper gauge, using the Vietnamese font of the standard Unicode character code standard. Vietnam TCVN 6909:2001, size 13 or 14 and one electronic (PDF form, unsecured) documents of the specified profile at paragraph 2.

The document belonging to the file is packed in the sealed and external case file bag:

a) Profile Name: Profile of SPQG Investment Project;

b) Where to receive a profile: Name, SPQG Address Authority address;

c) SPQG Investment Project;

d) Name, address of the SPQG Investment Project presiding;

List of them, the name of the project manager and the task owners of the SPQG Investment Project;

e) The document category is in the profile.

What? 6. Continue and handle the review profile

1. SPQG hosts take on the review profile of the SPQG Investment Project (SPQG) and deliver the SPQG Management Unit. Within 10 working days, the SPQG Management Unit presided over, in coordination with the open-run, complete and valid applications of the profile with the attendance of the SPQG Investment Project presiding organization.

2. For records that do not meet the regulation requirement at Article 5 of this Smart, the slog of 3 working days after the opening date, the SPQG Management Unit is responsible for a written notice for the organization that host the SPQG Investment Project that knows the additional requirements. or replace the document of the specified profile and specified deadline.

3. The SPQG management unit presiding, in coordination with the relevant units based on regulations at the SPQG Development Program Management Guide to 2020 of the Department of KH&CN, SPQG development framework project and other documents that are relevant for consideration, choice, and more. select the case to meet the requirements to build a preliminary portfolio of SPQG Investment Projects and SPQG Investment Projects to introduce the A4-DMSB-DAT-SPQG-based review board at Appendix I, the SPQG Chief Authority. decision.

What? 7. Board of review

1. Council of the Council

a) The review board chaired by the Chief Authority of SPQG established on the proposed basis of the SPQG Management Unit. The Council is responsible for consulting the SPQG Investment Project and the SPQG Investment Project.

b) The Council has 9 members, including: the chairman; vice president; the council secretary; the 02 commissioners are counter to each mission and the commissioners are scientific experts, management cadres, economic experts, of which 01 commissioners are representative of the SPQG Management Unit. Individuals belonging to the presiding organization or participating in the SPQG Investment Project are not members of the council.

The special case needs to change in terms of the number of members and the council structure then the Chief Authority of SPQG considers, decided.

c) The administrative secretary of the council: 01 persons of the SPQG Management Unit and 01 persons of the SPQG Business Management Unit.

d) The SPQG management unit is responsible for holding council sessions. At the time of the board meeting no more than 15 days of work since the reception of the full, valid records. The funding of the council meeting from the state budget spent on the joint operation of the SPQG Development Programme until 2020 is allocated to the Office of National KH&CN programs (for the SPQG operated by the Department of KH&CN) or the Capital Management Unit (for example). The SPQG is operated by the Department of Management.

2. The delegate attended the meeting of the council: the representative organization of the SPQG Investment Project, SPQG Investment Project director, mission dean; representative of the program Board; representative of the KH&CN Department of Economic Affairs-engineering of the Department of KH&CN (for the services) SPQG operated by the Ministry of Management.

3. In case of need, the SPQG Management Unit petits the SPQG Governing Body for an independent advisory expert assessment of the SPQG Investment Project filing after the board meeting.

What? 8. Presentation, the working content of the review board

1. Send the browse registration records and documents to the board members:

a) At least 05 days of work before the first session of the council, the SPQG Management Unit has a responsibility to prepare documents submitted to board members of 1 copy: The filing of the review for the review stipulated at 2 Article 5 of this message; the preliminary list. The SPQG Investment Projects; the decision to establish the council; the vote to review the SPQG Investment Project (SPQG) Investment Project in accordance with the A5-PNXHS-DADT-SPQG, A6-PNXNV-DAT-SPQG Investment Project.

b) The board members are responsible for studying the browsing records and relevant documents, and also write comments to the comments sent to the administrative secretary before the board meeting.

2. Presentation, the working content of the review board:

a) Representative of the SPQG Management Unit (administrative secretary) declared the reason for the meeting, read the decision to establish the council, introduce the council component and the delegate to attend; representative of the SPQG Chairman said the opinion, stating the request and content mainly on the meeting. SPQG Investment Project Profile and SPQG Investment Project (SPQG)

b) The unified exchange council of the principle of work and the election of the council;

c) Director of the SPQG Investment Project report summary to the committee on the Theory of SPQG Investment Project and the tasks of the SPQG Investment Project, which answers the questions of the council member (if any) and does not continue to attend the session of the council;

d) Members of the protest committee, member council member of the review, evaluated on the SPQG Investment Project record and mission theory of the SPQG Investment Project in accordance with regulatory criteria at the SPQG Investment Project (SPQG) Investment Project. case of the SPQG Investment Project; the council secretary reads the comment opinion, the assessment of the absent members (if any) for the council to review, refer to;

The Council for discussion, analysis, general evaluation of the SPQG Investment Project on the need to invest; confine, meet regulatory criteria at Decision No. 2441/QĐ-TTg on December 31, 2010 by the Prime Minister on the approval of the Program. development of SPQG to 2020 and at the SPQG Development Program Management Guide to 2020 (KH &CN; S) Development Programme in accordance with the SPQG Development Framework Project;

e) The council for discussion, assessment of SPQG Investment Project filing and mission theory of SPQG Investment Project in accordance with regulatory criteria. In the process of deliberation the council may question the question of the countled commissioners, the council commissioner for comment comments;

g) The Council for the independent review of the SPQG Investment Project (SPQG) Investment Project and the theory of each task under the SPQG Investment Project by the criteria for assessment of the SPQG Investment Project (SPQG), the task of evaluating the mandate of the Investment Project SPQG according to the A7-PĐGHS model-DAOT-SPQG, A8-PĐGNV-DAT-SPQG specified at Appendix I of this index) and voted to be evaluated in accordance with closed ballot methods;

h) The Assembly Board of voting consists of 3 members of the council, including the chief of the voting board and the 02 members;

i) The aggregable assembly vote results in the evaluation of council members by the A9-BBKPHS-DADT-SPQG, the A10-BBKPNV-DAOT-SPQG specified at Annex I of this Wise;

) The public announced the results of the assessment of the assessment and through the editorial board of the review board, the list of tasks of the SPQG Investment Project was approved by the review board, the petition for the additional points needed, the completion of the case, Convinced of SPQG Investment Project and the SPQG Investment Project;

l) The SPQG investment project is offered to support funding from the KH&CN business state budget that must be at least two-thirds of the total board members present in a "response response" rating. The task under the SPQG Investment Project was recommended by the council to support funding from the KH&CN business state budget that must be at least two-thirds the number of council members present to vote "Offer support". The comment vote, the assessment of the absenters was announced at the session, but did not count on the assessment number of the session. For the SPQG Investment Project not approved by the board to offer funding support from the KH&CN business state budget, the SPQG Management Unit is responsible for reporting the Chief Authority of SPQG to announce a written notice to the organization hosting the First Project. SPQG knows;

m) The scientific secretary who perfated the review committee of the review board and the catalog of tasks of the SPQG Investment Project was approved by the review board to support funding from the state budget of KH&CN in accordance with the A11-BBHE-DAOT-SPQG, A12-DMNV-DAOT-SPQG specified at Appendix I of this Private.

What? 9. Processing the review results

1. On the basis of the review results of the council and the report of the independent advisory expert (if any), the SPQG Management Unit aggreging the portfolio of SPQG Investment Project offers to be supported by funding from the state budget of KH&CN in a sample. A13-THDM-DAOT-SPQG rules at Appendix I of this Smart to report to the Chief Authority of SPQG.

2. The SPQG Management Unit has the responsibility to inform the organization of the SPQG Investment Project which knows the review results and recommended the council's recommendation to complete the appraisal of the appraisal.

3. For the task of the SPQG Investment Project which is agreed to offer support, the SPQG governing body has an accompanying document under the specified profile at Article 10 of this Information, sending the Department of KH&CN to appraisal.

Chapter III

TASK APPRAISAL

NATIONAL PRODUCT PRODUCTION INVESTMENT

What? 10. appraisal

1. The specified profile consists of 1 set of the following documents:

a) A copy of the real evidence of at least one of the texts: The decision to establish, the KH&CN operational registration certificate, the production registration document, the business of hosting the SPQG Investment Project;

b) The main Theory of SPQG Investment Project in the A2-TMDA-DAOT-SPQG and the main task theory of SPQG Investment Project in accordance with the A3-TMNV-DAT-SPQG specified at Appendix I of this Smart has been completed after the review; the equation of the Organization for SPQG Investment Project on Edited Content accompanied by theory and detailed expense accounting;

c) The main method of mobiling the financial resources meets the regulation requirement at Article 4 of the Digital Federal Information. 218 /2012/TTLT-BTC-BKHCN December 20, 2012 of the joint Finance Ministry-the Ministry of Science and Technology Regulation Financial Management implementation of the SPQG Development Programme to 2020;

d) The catalog copy lists the specified mode, definition, and relevant documents used to build a budget bill; the raw materials price, equipment, technology rights, expert lease contracts, and other reports are relevant;

The copy of the opinion of the independent consulting expert (if any);

e) The main copy of the review board.

2. File the appraisal and preparation work before the board meeting.

a) The organization of the SPQG Investment Project is responsible for preparing the specified document at points a, b, c, d clause 1 This is submitted to the SPQG Management Unit.

b) The SPQG management unit is responsible for the full, valid audit of the document provided by the organization of the SPQG Investment Project (SPQG). The case case is incomplete, valid SPQG Management Unit is responsible for informing the organization of the SPQG Investment Project that knows whether to add or replace the documentation of the case and the specified deadline. The SPQG management unit prepares the regulatory document at the point, e paragraph 1 This and transfer the appraisal for the KH&CN case of the economic-engineering sectors of the KH&CN to set up the appraisal board.

c) The KH&CN case of economics-engineering to send copies of the appraisal, appraisal ballot paper B1-PTDHS-DAOT-SPQG, B2-PTDV-DAOT-SPQG specified at Appendix II of this Smart, the primary decision to establish a panel, the invitation to meet the meeting schedule for members of the council to judge at least 5 working days before the council meeting.

d) The board members were responsible for studying the appraisal of the appraisal and relevant documents, and simultaneously noted the appraisal of the appraisal and sent to the administrative secretary before the board meeting.

What? 11. appraisal council

1. The Board of Appeals appointed by the Minister of Science and Technology on a proposed basis of the KH&CN case of business-engineering industries. The Council is responsible for the appraisal of SPQG Investment Project, content and funding that supports the tasks of the SPQG Investment Project to advise the Minister of Science and Information Technology.

2. The composition of the five-member assembly:

a) The president is the leader of the KH&CN case of business-engineering;

b) 01 vice president is the Leader of the Business Management Unit;

c) 03 commissioners are: 01 Commissioners are the chairman or vice president of the review board, 01 commissioners are experts in technology and 01 commissioners are economic experts.

3. The council clerk is a KH&CN specialist in business-engineering industries; the executive secretary who helps the board as an expert (cadet) belongs to the Office of the National KH&CN programs.

4. The delegate to attend the assembly meeting: representative of the program of program, representative of the Planning-General; Representative Office of the National KH&CN programs, representing the SPQG Management Unit (for SPQG due to the Ministry of Management); the organization ' s representative. SPQG Investment Project, SPQG Investment Project, SPQG Investment Project.

5. The Office of National KH&CN programs is responsible for holding council sessions. The session of the council does not go beyond 15 working days after the decision to establish a panel. Council meeting funding is taken from the state budget spent on the joint operation of the Program by the Office of the National KH&CN programs.

What? 12. Appraisal

1. Case appraise: Review, complete review, validity and completion of the profile of the profile; the suitcases of the SPQG Investment Project with the National Product Development Program and the SPQG Development Framework Project; progress implementation of SPQG Investment Project and other tasks. SPQG Investment Project.

2. Content appraise: Full control, the suitcase of the Proposition of the Proposition of the SPQG Investment Project, the task theory of SPQG Investment Project with the review of the review board; identifying the contents of the mission of the SPQG Investment Project supported. the funding from the state budget of KH&CN.

3. Cost of funding: Review, accuracy assessment, the rationalization of the funding, legal, and feasibility of the method of mobiling financial resources; identify the internal content and regulatory levels in accordance with the specified number of federated information. 218 /2012/TTLT-BTC-BKHCN.

What? 13. The sequence, the working content of the appraisal board

1. The chairman of the council runs the sessions of the assembly in the following sequence:

a) Director of SPQG Investment Project, mission dean or representative organizer of the report presiding report, the process of process-finishing content, persuathy;

b) The commissioners review the appraisal of SPQG Investment Project and Content, the funding of the tasks belonging to the SPQG Investment Project;

c) The council secretary reads the opinions of the independent appraisal expert (if any);

d) Council members review the appraisal of SPQG Investment Project filing and content, funding the tasks of the SPQG Investment Project;

The Director of the SPQG Investment Project, the task dean or representative organization of the SPQG Investment Project that answers the questions of the council and the participating delegates;

e) Private discussion council (no representative of the SPQG Investment Project and invited delegates); the unified panel concluded the appraisal of SPQG Investment Project, content and funding of the tasks of the SPQG Investment Project; the council through social media. the mobiles of financial resources;

g) The council secretary is responsible for recording the opinions of the members of the board members and the attending delegate; the appraisal of the board members; the compensied of the council meeting in the B3-BBTHS-DAT-SPQG, B4-BBTNV-DAT-SPQG. at this Annex II:

h) Chairman of the committee ' s conclusion to the appraisal of the appraisal council.

2. The chairman of the board is responsible for reporting by writing to the Minister of Science and Technology and proposed the treatment of problems beyond the jurisdiction of the settlement resolution during the review of the appraisal of the appraisal case to the Minister of Science and Technology. consider, decide in the following cases:

a) The council member is not unanimous with the general conclusion of the appraisal council and the offer to protect the opinion;

b) Due to the transfer or content technology, the level of support has special elements beyond the consideration of the council.

3. The case is needed, the Minister of Science and Technology takes an additional opinion on independent counsel.

Chapter IV

APPROVE THE TASK OF THE INVESTMENT PRODUCT PRODUCTION INVESTMENT PROJECT.

What? 14.

1. Appropriation project profile:

a) 01 The main theory of the SPQG Investment Project has been perfated after the appraisal;

b) 01 the main decision to establish a review board;

c) 01 main copy of the review board meeting;

d) 01 the main decision to establish the appraisal council;

b) 01 main draft of the board meeting of the SPQG Investment Project (SPQG) Investment Project (SPQG), and the policy of the Council Meeting of the SPQG Investment Project;

e) 01 The main method of mobiling financial resources to implement the tasks of the SPQG Investment Project has been approved by the council;

g) The opinion text of the independent appraisal advisory expert (if any).

2. Browser

a) The KH&CN case of presiding-engineering industries, in collaboration with the SPQG Management Unit (of the Ministry of Industry), organizes the SPQG Investment Project (SPQG) Investment Project, fining the regulatory approval project filing at 1 Article and the draft decision-based approx decision. B5-QĐPD-DUST-SPQG rules on Appendix II.

b) The plan-the President-General, in collaboration with the KH&CN business-engineering industries, the Department of Science and Technology.

What? 15. The mandate approval is supported from the KH&CN business state budget of the SPQG Investment Project.

1. Minister of Science and Technology review, approval of the mission supported from the KH&CN business state budget of the SPQG Investment Project.

The approval decision is used in place of the text approval of the use of capital from the KH&CN business state budget of the SPQG Investment Project to conduct investment procedures under the provisions of the Investment Law, Public Investment Law.

2. After a decision to approve, the KH&CN case-engineering industries are responsible for handing over the Office of the national KH&CN programs in the Department of KH&CN the entire original profile and key documents in the review process, the appraisal, approval of tasks. case of the SPQG Investment Project for national product management by the Department of KH&CN and the delivery for the SPQG Management Unit (of the Ministry of Industry) all major documents during the appraisal process, approve the tasks of the SPQG Investment Project for the national product provided by the Ministry. management.

Chapter V.

EXECUTION CLAUSE

What? 16. Terms of execution

It has been in effect since 1 December 2014.

What? 17.

1. Agency, organization, individuals are involved in the management and implementation of the National Product Development Program to 2020 based on this Smart Guide to the organization.

2. The SPQG Management Unit of the Ministry of Industry, the Office of KH&CN national KH&CN programs is responsible for managing all of the original records and key documents in the review process, appraisal, approval of the SPQG Investment Project. with the national product of the jurisdiction of the ./.

Minister.

(signed)

Nguyen Quan