Circular 07/2014/tt-Bkhcn: Prescribing The Order And Procedure Determined Duty Science And Technology National Level Using The State Budget

Original Language Title: Thông tư 07/2014/TT-BKHCN: Quy định trình tự, thủ tục xác định nhiệm vụ khoa học và công nghệ cấp quốc gia sử dụng ngân sách nhà nước

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Pursuant to the law on Science and technology on June 18, 2013;

Pursuant to Decree No. 08/2014/ND-CP dated 27 January 2014 the Government detailing and guiding the implementation of some articles of the law on Science and technology;

Pursuant to Decree No. 20/2013/NĐ-CP on April 2 in 2013 of the Government functions, tasks, powers and organizational structure of the Ministry of science and technology;

At the suggestion of the Director of the Office of the State-level program and Director of Legal Affairs;

The Minister of science and technology issued a circular regulating the procedures identify the Mission of science and technology national level using the State budget.

Chapter I GENERAL PROVISIONS article 1. Scope and objects 1. This circular regulates the order and procedure determined duty science and technology national level using the State budget under the form of the subject of science and technology (hereinafter referred to as the subject); experimental production project (hereinafter referred to as project); science project; Scientific and technological projects; Science and technology program (hereinafter referred to as the program).

2. The tasks of science and technology, science and technology mission under the Protocol, the tasks of science and technology due to the funds in the field of science and technology, finance and science and technology tasks related to national secrets are not in the scope of this circular.

3. This circular applies to the institutions of science and technology, personal works of science and technology, State agencies, organizations and individuals concerned.

Article 2. Explanation of terms 1. Proposed order of scientific and technological mission to the national level (hereinafter referred to as the proposed order) is the request for science and technology in the form of scientific and technological mission to the national level to implement the request of the leader of the party, State or meet the needs of management practices , the social-economic development, ensuring defense, security and the development of science and technology for national, local and industry by the Ministry, ministerial-level agencies, provincial people's Committee, central cities and other State agencies in the Central Government (hereinafter referred to as the branches and local) propose to the Ministry of science and technology to order organizations and individuals make.

2. Science and technology task order is subject, project; science project; Science and technology project or program name and the items reflected the basic requirements for the mission science and technology as a base for the Ministry of science and technology for organizations and individuals who have sufficient capacity to implement.

Article 3. Pursuant to the proposed construction of order 1. The requirements of the party and State leaders.

2. Proposed science and Technology Mission of the Agency, organization, or individual;

3. Strategy, socio-economic development plans of countries and social ministries and localities;

4. The development strategy of science and technology and the direction, goals, mission science and technology 5-year or 10-year period.

5. The scientific and technological issues particularly important to resolve the urgent requirements of countries on security, defense, disaster, disease and development of science and technology.

Article 4. The principle of the proposed construction of order 1. There's enough urgency about the prospects and results generated in implementing development tasks, the local field or industry.

2. Meet the criteria of scientific and technological tasks prescribed in clause 1 article 25 of Decree 8/2014/ND-CP dated 27 January 2014 the Government detailing and guiding the implementation of some articles of the law on Science and technology.

3. Has applied to address the primary results created and headed the Ministry of industry, local and committed to using the results created when science and technology tasks completed. Held, the application of the results expected have enough credibility and capacity to receive and deploy efficiently creating products.

4. Require time (calculated from time of order to have results) fit to ensure viability for the Organization of the Mission's science and technology.

Article 5. The order defines science and technology task order 1. Ministries and localities proposed general science and Technology Mission of the agencies, organizations, individuals, and proposed the scientific and technological tasks according to the provisions of article 3 of this circular; the construction and approval of the proposed task order for science and technology of the national level and submitted proposals for the Ministry of science and technology.

The Ministry of science and technology of proactive suggestions for scientific and technological tasks according to the provisions of paragraph 3, 4 and 5 of article 3 of this circular or according to the requirements of the party and State leaders.

2. Proposed order is built according to the order specified in chapter III of this circular.

3. The Ministry of science and technology in the proposed sum of order and organizing the Advisory Council defined the task of the science and technology national level (Council or Council) under the provisions of chapter IV of this circular to identify topics, project; science project; the project science and technology or science and technology programs to the national level.

4. The Ministry of science and technology approved directory of scientific and technological mission to the national level and publicize the subject, project; science project; Science and technology projects to organizations and individuals have the capacity to participate in a selection or review delivered direct.

Chapter II REQUIREMENTS for the MISSION of SCIENCE and TECHNOLOGY NATIONAL LEVEL article 6. Requirements for the subject, project topics, projects must meet the General requirements and requirements specific to each type, as follows: 1. General requirements a) Has high urgency or importance for socio-economic development, national defense and security within the country;

b) scientific issues need to mobilize the resources of science and technology (science and technology human resources or financial resources) of the countries or contribute to solve the tasks considered interdisciplinary, region; Science and technology issues particularly important to resolve the urgent requirements of countries on security, defense, disaster, disease and development of science and technology.

c) do not overlap in content with the science and technology task using the State budget have been made.

2. Requirements for the subject a) topics in the fields of science, technology and engineering (hereinafter the subject applied research and technological development) must meet the following requirements:-technology or science and technology products expected: large promising turnaround in productivity quality, effective, but have not yet been studied, applied in Vietnam; be completed in the form template and ready to move on to the production phase of testing; likely be patentability inventions, utility solutions or by the protection of plant varieties;

-There are plans to develop the technology or products of science and technology within the production period test.

b) with respect to the subject in the field of the social sciences and Humanities: guaranteed results generated are scientific arguments, timely solutions for resolving practical issues in planning and implementing the party's policy, policy, social-economic development, the law of the State.

c) with respect to the subject in other fields: scientific and technological products to ensure new, advanced versus the results was created in Vietnam or through international published in the country or have important implications for the social-economic development , security, defense and social security.

3. Requirements for a project) technology or science and technology product derived from research results of research application and development of the technology was the Council of science and technology reviews, trials and deployment recommendations apply to or result from exploitation of the invention or the utility solutions;

b) technology or science and technology products scheduled to ensure stability in the scale of production of small series and feasible in the applications or develop products in mass production scale;

c) capable of mobilizing funds to carry through its commitment to cooperate with the business or organization, individual sources of capital outside the State budget.

Article 7. Requirements for science project research results is the proposed or draft policy mechanisms, processes, rules, legal documents with full scientific and practical argument served in the planning and implementation of policy, the party's policy, the policy of social-economic development , the laws of the State.

Article 8. Requirements for science and technology project science projects and technology must meet the following requirements: 1. To solve the problem of science and technology in the service of direct investment projects production of key products, body, priority, spearheaded by Prime Minister the Government or Ministry and local branches;

2. create results guarantee is applicable and raise economic efficiency of production investment project; meaningful long-term impact to the development of science and technology of the sector, the field.

3. Have a reliable approach in the mobilization of financial resources in addition to the budget and the financial institution, credit, Fund or guarantee funding confirmation.

4. Progress consistent with the progress of investment projects in manufacturing, the project of social-economic development; time has done no more than 5 years.

Article 9. Requirements for the program of science and technology science and technology program must meet the following requirements: 1. Have the goal of creating scientific and technological results to served a major direction in the following: the development of scientific and technological potential in one or several fields during the period of 5 years or 10 years; technology-oriented development priorities; the development of key products, the country's main force or serving the national target program;


2. content including the science and technology task involved directly and indirectly with each other about the expertise and consistent with the scientific and technological resources in the country.

3. The results are new properties, advanced, capable of high application and meet the goals of the program.

4. duration of not more than 10 years and the progress consistent with the goals of the program.

Chapter III ORGANIZATION of the PROPOSED CONSTRUCTION ORDER article 10. General demand for science and technology 1. Periodically or by urgency, ministries, sectors and localities to announce development of science and technology priorities of national, local and industry Ministry and the time limit for the agencies, organizations and individuals to submit proposals for science and technology mission. Proposed Science and Technology Mission of the Organization, individuals are made form A1-ĐXNV attached to this circular.

2. Ministries, branches and localities of the proposed Science and Technology Mission of the agencies, organizations, individuals, and proposed the scientific and technological problems to be solved according to the provisions in clause 1, 3, 4 and 5 of article 3 of this circular; sent to the ministries and relevant local text proposed Science and technology tasks or problems in science and technology is not in range, the field of ministries or local.

3. The Ministry of science and technology initiative to synthesize the scientific issue to be addressed under the grounds prescribed in clause 1, 3, 4 and 5 of article 3 of this circular.

Article 11. Building the proposed order 1. Ministries and localities to review selected issues in science and technology have been aggregated under clause 2, article 10 to build the proposed order meets the requirements stipulated in article 4 of this circular. The Ministry of science and technology in the construction of the proposed order on the basis of the scientific and technological issues have been aggregated under paragraph 3, article 10 of this circular.

2. Ministries, branches and localities built proposed order or may invite experts, the Group of experts, organizations, the Agency is expected to enjoy the results of research involved the proposed construction.

3. Proposed order is built according to the model attached herewith: theses or scientific projects form B1-ĐXĐH; the project under the form B2-ĐXĐH; Science and technology project under model B3-ĐXĐH and the science and technology program under model B4-ĐXĐH.

Article 12. Improve the proposed order 1. Ministries and local organizations through advisory opinions the Advisory Board or the independent expert for the proposed order has been built according to the provisions of article 11 of this circular before sending the Ministry of science and technology.

2. On the basis of the Advisory opinion, the Ministry and local departments improve the proposed order. Leadership ministries, branches and localities signed and submitted proposals for the Ministry of science and technology.

3. Proposed order submitted to Ministry of science and technology including: a) the vote proposed order according to the form prescribed in article 11 paragraph 3 of this circular;

b) minutes of work of the Advisory Council or advisory opinion of the independent expert for the proposed order as annex of the proposed order.

Article 13. The proposed general order 1. The Ministry of science and technology in the synthesis of proposals and review, preliminary evaluation of the adequacy and level of the proposed order.

2. Proposed order is rated "satisfactory" preliminary when meet the following requirements: 2 a) full information in the vote proposed order and Appendix;

b) have sufficient basis about the urgency of the proposed mission.

3. With respect to the proposed order were rated "satisfactory", the Ministry of science and technology held advisory opinions to determine scientific and technological mission to the national level.

4. Within 15 working days from receipt of the proposed order, the Director of the service, or the heads of the specialized agencies, the unit was Minister of science and technology authorized to announce the results of the preliminary assessment and the expected time organizing the Advisory Council identified science and Technology Mission for the proposed order "satisfactory" for the ministries and localities have proposed order.

Chapter IV the ORGANIZATION DEFINE the MISSION the SCIENCE and TECHNOLOGY NATIONAL LEVEL article 14. The content expressed in scientific and technology task order 1. The content of science and technology task order is expressed by the name and 2 items: the target orientation and requirements for results, make sure to meet the requirements stipulated in articles 6, 7, 8 and 9 of this circular.

2. Entry requirements for results should include the specifications, requirements on the number, quality, or quantitative, qualitative indicators specific to the product created. Depending on the type of mission the science and technology of this request should be made as follows: a) for the application of research and technological development: the requirements for the technology or products at the stage of creating the product model and the requirements for technology development projects or products of science and technology in the production phase of the experiment.

b) for other subjects: the novelty requirement and the level of advanced product and other requirements.

c) for project: the technical-economic indicators required of products and production scale of testing.

d) for the project of Science: the scientific requirements and practices of the product and other requirements.

DD) for science and technology project: scientific and technological products along with technical-economic norms respectively ensure coherence and harmony according to the manufacturing process or time series.

e) for science and technology program: the product category envisaged; the quantity and the qualitative or quantitative indicators respectively, ensured a direct or indirect relationship with one another and consistent with its objectives.

Article 15. Established the Advisory Council 1. According to the progress of the proposed order, the Ministry of science and technology established the Advisory Council to determine scientific and technological mission under the form of theses, projects; science project; Science and technology project or program;

2. Minister of science and technology decided to establish the Consultative Council under the science and technology consistent with the field of the proposed order. The Council may advise one or some of the proposed order in the same field or specialization in science and technology.

Article 16. Advisory Board composition 1. Council President, Deputy President and members. The Chairman, Deputy Chairman and members of the Advisory Council is the scientific and technological professionals or managers have practical experience in the field, industry, enterprises expected beneficiary research results. Scientific and technological experts join the Council must be in the database expert of the Ministry of science and technology. The Ministry of science and technology indicated at least 10 members have deep expertise in the Council do expert review for each of the proposed order.

2. the Advisory Council defined topics, projects, scientific and technological projects have 9 members. The structure of the Council include: 6 members are the experts in science and technology; 3 membership in the State administration, organization of production-business, industry and other relevant organizations or the beneficiary is expected results 3. Advisory Council identified science project has 9 members. The structure of the Council include: 3 members are the experts in science and technology; 6 members of State management bodies and other relevant institutions.

4. the Advisory Council identified science and technology program has 11 members. The structure of the Council include: 6 members are the experts in science and technology; 5 members in the State Administration (which has 1 members from ministries and localities have proposed), organization of production-business, corporate and other related organizations.

5. Special cases due to complex nature or require specific proposed order, the Minister of science and technology can determine the number of members and composition of the Council other than the provisions in clause 2, 3 and 4 of this Article or the choice of experts of science and technology in addition to the database expert of the Ministry of science and technology.

Article 17. The working methods of the Council 1. Session of the Council must be present at least 2/3 of the members of the Council, which must be the Chair or the Vice President to be Chairman of the authorization, the expert and member of the Secretariat of the science.

2. the Advisory Board members are responsible for: a documentary study) by the Ministry of science and technology to provide and prepare comments received reviews suggest ordering according to the prescribed form attached herewith: C1-TVHĐ Form for theses, projects; C2-TVHĐ model for scientific projects; The form C3-TVHĐ for science and technology projects and Model C4-TVHĐ for the program;

b) Submitted comments were prepared for the Board's Administrative Secretary, before the session of the Council of 7 working days;

c) review professionals are responsible for editing or building new content for scientific and technological mission is expected to discuss during the meeting of the Council.

3. The document to be sent to the Board members at least 5 working days before the session of the Council. The document includes: TOC \o "1-3" \h \z a) proposals and comments of the Advisory Council advisory or expert of the Ministry, and local industry;

b) excerpts requires the provisions of articles 6, 7, 8, 9 and 14 of this circular;

c) forms, required consistent with Appendix proposed order mentioned in paragraph 2 of this Article.

d) results information lookup (form CO-KQTrC attached to this circular) of the subject, the project used the State budget are concerned which have been made with respect to the proposed order in the form of theses, projects.

DD) other relevant professional documentation (if any).

4. the Advisory Council works according to the principle of democratic concentration. The comments of the Council conclusions adopted when on 3/4 of the members of the Council have agreed to hand in the form of direct vote or secret ballot.


5. The comments of the members of the Scientific Council of the Secretary General to the Council discussed and voted through. Board members may require reserve the comments in case other comments that with the conclusion of the Council. Board members personal responsibility about his comments and the collective responsibility of the opinions of the Council conclusions.

6. the representative of the Ministry of industry, have proposed local order was invited to attend the sessions of the Council.

7. The Ministry of science and technology Administrative Secretary election helped the preparation of documentation and the Organization of the session of the Council.

Article 18. The order, the Board's work procedure 1. Administrative Secretary, announced the decision to establish the Council.

2. the representative of the Ministry of science and technology to summarize the requirements for the Board.

3. the President of the Council chaired the session of the Council. The case of the absence of the Chairman, the President of the Council authorised in writing to the Vice President, chaired the session.

4. election of Council or elected a member of the Scientific Secretary to record the comments discuss and establish the minutes of the session of the Council.

5. The Council elected Board votes to General comments by the Board members.

6. Expert review and discussion according to the content of the corresponding forms of scientific and technological tasks defined in articles 19, 20, 21, and 22 of this circular.

7. The members of the Council reviews proposals and vote on the proposed evaluation order form attached herewith: C1-PĐG Form for theses, projects; C2-PĐG model for scientific projects; The form C3-PĐG for science and technology projects and Model C4-PĐG for the program.

The recommended order proposal "made" when all the content in the vote reviews are rated "unsatisfactory" and suggested "not implemented" when one of the above content is rated "unsatisfactory".

8. the Board tally the General results of the assessment Board members according BBKP C5-Form attached herewith and publicized results of votes at meetings of the Council.

9. With respect to the proposed order are "done", the specialist review presents the expected content of the science and technology task order. Edit Board, Supplement and improve the entries of the science and technology task order under the requirements specified in article 14 of this circular.

10. With regard to the subject, project, science projects and science and technology projects, the Council recommendations on the implementation modalities (selection or direct traffic), including the invited experts, the scientist was the Vietnam abroad and foreigners joined in the research to solve the task.

11. With respect to the proposed order was "not done" unified Council testimonials about the reason for not recommending.

12. The Council of conduct define the scientific and technological tasks for each proposed order follow the steps specified in clause 6, 7, 8, 9, 10 and 11 of this in case there are 2 or more of the proposed order and the order of priority for the science and technology task order.

13. The secretariat established a scientific work of the Council under model D1-BBHĐ attached to this circular.

Article 19. The content of the discussion the Council define the subject, project specialists and the Council analysis, discussion and reviews proposed orders on the following: 1. the urgency of the implementation of the subject project, in the proposed order.

2. Computer, contact Department and importance of scientific issues set out in the proposed mission.

3. Non-duplication of the subject, the project with the science and technology mission has been accomplished.

4. The demand necessary to mobilize the resources of science and technology in the country for the implementation of the subject project.

5. The ability to mobilize external funding sources to implement the budget for the project.

Article 20. The content of the discussion the Council identified science project experts and Council of analysis, discussion and reviews proposed orders on the following: 1. the urgency and application prospects of the results on building and planning policies of the governing body.

2. Computer related, interdisciplinary Department of scientific issues set out in the proposed order.

3. Demand the need to mobilize national resources for the implementation of the project of the science.

Article 21. The content of the discussion the Council identified science and technology project experts and Council of analysis, discussion and reviews proposed orders on the following: 1. the urgency and the objective of the proposed order in the production of key products of the the local industry, and the nation's.

2. The demand necessary to mobilize national resources for the implementation of the proposed order.

3. The feasibility of the project science and technology through the content set out in the proposed order.

Article 22. The content of the discussion the Council defined the program of science and technology experts and Council of analysis, discussion and reviews proposed orders on the following: 1. the urgency of the implementation of the programme and the prospects of the contribution of the results generated from the implementation of the program.

2. The objective of the program for the development of science and technology, 5 years or 10 years; the technology development priorities; the development of key products, the country's main goal of or for national programs.

3. the implementation content and the results created by the end of the program in comparison with the objectives of the program.

4. Duration and progress to implement the content of the program.

Article 23. Approval of the science and technology task order 1. Within 7 working days since the results of work of the Council, Director of the specialized services or heads of the agencies, the unit was Minister of science and technology in the delivery of management science and technology task reviewing the order and procedures of the Board , consider the comments of the Advisory Council for science and technology task order under the requirements referred to in articles 6, 7, 8 and 9 of this circular. The case required the heads of the agencies, the unit comes on the proposed Secretary of advisory opinions 1 to 2 independent consultants in the country, foreign or other Council to redefine the Mission of science and technology and the opinions of the relevant authorities.

2. On the basis of the results of the review and advisory opinion prescribed in paragraph 1 of this article, the Ministry of science and technology approved scientific and technology task order. Within 15 working days from the date of approval, the Ministry of science and technology publicly topics, projects, science projects or science and technology project in order on the electronic portal of the Ministry of science and technology to a selection or delivered directly to the Organization individuals are capable of implementing. For science and technology programs to order the Ministry of science and technology review delivered to organisations, the agency capable of implementing.

3. The Ministry of science and technology announced the results determine the tasks of science and technology for the local industry has proposed order within 15 working days from the date of approval of the science and technology task order.

Chapter V ENFORCEMENT PROVISIONS article 24. Effective enforcement of this circular effect since 28 Jul 2014 and replaces circular 02/2012/TT-BKHCN on 12/21/2012 of the Ministry of science and technology on the identification of scientific and technological tasks in the scientific program and key technology.

Article 25. Implementation 1. Ministries, ministerial agencies, government agencies, people's committees of provinces and cities under central can use the guidance in this circular issued regulations defining the task of the science and Technology Ministry the Ministry's management domain, and local industry.

2. During the implementation process if any obstacles, suggest that the agencies, organizations, personal reflections in time about the Ministry of science and technology to the study, additional amendments./.