DECREE

Administrative Violation Regulations

in science and technology activity, technology transfer.

________________________

Government Law Base December 25, 2001;

University of Science and Technology Law on June 9, 2000;

The Basic Law Transfer Act November 29, 2006;

The Administrative Administrative Processing Law on June 20, 2012;

At the suggestion of the Minister of Science and Technology;

The government issued a decree regulating the administrative violation in scientific and technological activity, technology transfer, and technology.

Chapter I

COMMON RULES

What? 1. The adjustment range

1. This decree rules on the behavior of violations, the form of sanctions, the fine, the remediation of the consequences and the authority to punish the administrative violation in scientific and technological activities, transfer of technology.

2. The administrative breach in scientific and technological activity, the transfer of regulatory technology at this decree is that the acts of personal error, the organization, violated the regulation of the law on state management in scientific and technological activities, transfer of technology that is not a crime and by the rule of law must be subject to administrative violation.

What? 2. Measure remedied

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 cancel the unhonest report, the report has fabricated figures;

3. To register, deliver results for scientific and technological tasks.

What? 3.

The period of administrative punishment in scientific and technological activity, the transfer of technology is 01 years.

What? 4. Money

1. The maximum amount of fines in scientific and technological activity, the transfer of technology to the individual violation was 50,000,000, for the infringement organization of 100,000,000.

2. For the same administrative offense, the amount of fines for the organization violates by 2 times the amount of money for the individual.

Chapter II

ADMINISTRATIVE VIOLATION OF SCIENTIFIC AND TECHNOLOGICAL ACTIVITY, TECHNOLOGY TRANSFER, AND TECHNOLOGY.

Item 1

ADMINISTRATIVE INFRINGES ON SCIENTIFIC AND TECHNOLOGICAL ACTIVITY, THE FORM OF PUNISHMENT AND THE REMEDIATION OF THE CONSEQUENCES.

What? 5. Violation of regulations on the activities of the scientific and technological council

1. Money from 500,000 to 1,000,000 individuals to the individual is a member of the scientific board and technology that performs the publication of the publication, providing information regarding the assessment process, comments, and advisory results when unauthorised by the agency ' s permission. decided to set up the council.

2. Money from 1,000,000 coins to 2,000,000 partners is a member of the scientific and technological board members when consulting, selection, scientific and technological solutions that do not perform either procedure or assessment, the point is not correct. with criteria provided by the Ministry of Science and Technology.

What? 6. Violation of registration regulations, delivery of results that carry out scientific tasks and technology using the state budget.

1. Money from 2,000,000 to 5,000,000 individuals; fines from 4 million to 10,000,000 co-workers with non-registered behavior, delivering the results of scientific and technological tasks using the state budget. regulation at the state office has jurisdiction.

2. Measure corrects:

Forced to register, deliver the results of scientific and technological tasks to the behavior of regulation at Clause 1 Article.

What? 7. Violation of the regulation of scientific and technological activity

1. Money from 1,000,000 coins to 2,000,000 individuals; fines from 2,000,000 to 4,000,000 co-honest with an untrue manifest organization 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.

2. 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 report is not true about progress, content, research results;

b) Bg the number, using the records, the certificate is invalid for payment;

c) The file, document for evaluation, results in the results of scientific and technological tasks that are not honest.

3. Measure remediation:

a) Forcing the return of the cost of the use or use of the wrong purpose to the behavior of regulation at Point 2 This Article;

b) Accused non-honest report, the report has fabricated figures for the prescribed behavior at points a, b Article 2 This.

What? 8. Violation of the regulation of registration and deployment of scientific and technological activities

1. Penituation from 1,000,000 to 2,000,000 partners with the organization has one of the following acts:

a) Unsubscribe to the addition of change, the addition of the field of scientific and technological activity;

b) No additional registration when changing the headquarters;

c) Not registering either the Office of the Representative or Branch but still hang or operate.

2. Penituation from 2,000,000 to $5,000,000 for the organization has one of the following acts:

a) to conduct scientific and technological activities when there is no registered certification of scientific and technological activity;

b) conducted scientific and technological operations when the certificate of registration of scientific activity and technology expired.

3. Penituation from 5,000,000 to 15,000,000 co-workers for the lease or loan of the Certificate of Registration for Science and technology.

4. fined $5,000,000 to 10,000,000 individuals; fines from 10,000,000 to 20,000,000 to 20,000,000 people for the organization to conduct forgery of paper, document to be issued certificates of scientific and technological registration.

5. Additional execution form:

The title uses a scientific and scientific registration certificate from 1 month to 3 months for the organization of the prescribed behaviour at Clause 3 This.

What? 9. Violation of the regulation on possession of results of scientific and technological activity

1. Money from 10,000,000 to 20,000,000 individuals; fines from 20,000,000 to 40,000,000 to the organization have one of the following acts:

a) Use, publish data, process of technology, information concerning the results of scientific and technological activity in the possession of the individual, the other organization without being personally, the organization allows;

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

c) Using the results of scientific research, metrics, personal information, other organizations in scientific reporting, scientific literature, without indicating the origin, the origin of that study results;

d) Use initiative, technical improvements, streamline the technological process of individuals, other organizations to register for exhibition, competition, scientific and technological awards.

2. Measure corrects:

To reform information on mass information on the behavior of this one thing.

What? 10. Violation of the regulation of use, disseminology of scientific and technological results

1. Money from 2,000,000 to 4 million individuals; fines from 4 million to $8,000,000 for the organization whose behavior is widespread, appraisal, appraisal, when the state office is not ordered by the state authority.

2. Penitentiated from $5,000,000 to 10,000,000 individuals; fines from 10,000,000 to 20,000,000 to 20,000,000 people for the organization of popular behavior, propaganda, application of technological processes, new products when unauthorised by the authorities.

What? 11. Violation of the regulation of transfer, transfer, providing information on the results of scientific and technological activity.

1. Penituate from 5,000,000 to 15,000,000 individuals; fines from 10,000,000 to 30,000,000 to 30,000,000 to the organization with one of the following acts:

a) To deliver the results of scientific and technological results when it is not agreed to by the owner of that result;

b) Provide for the purpose of the benefit of information, material acquired from the analysis, test, consultation, consultation, when not being trusted by the owner of the information;

c) Create information that is not true or the advantage provides information on the results of its scientific and technological results that affect the legal rights and interests of the organization, the other individual.

2. Measure corrects:

Repayment of the illegal gain is due to the implementation of the prescribed behavior at Clause 1 Article.

What? 12. Violation of registration on registration, management, use of the Science and Science Development Fund.

1. Money from 5,000,000 to 10,000,000 co-organisations with management behavior and the use of the Science Development Foundation and non-content registered content.

2. Money from 10,000,000 to 15,000,000 co-organisations with the establishment of the Scientific Development Foundation and non-registered technology.

3. Penituation from 15,000,000 to 20,000,000 co-organizations using the Foundation for Scientific Development and Left technology with registered content for disadvantages.

4. Money from 20,000,000 to 30,000,000 to the organization with the use of the organization, not reimbursable at the right time of funding funding from the Foundation for Science and technology development without the proper reason.

5. Measure corrects:

a) Forced To Submit The Amount Of Illegal Gains That Are Due To Conduct The Prescribed Behavior At Paragraph 3 This Article;

b) The refund of the cost of the cost is taken to the behavior of this Article 4.

What? 13. Violation of the regulation of placing and giving prizes in science and technology

1. 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) Set, with a prize in science and technology for the benefit;

b) Place the scientific and technological award that encourages scientific research to violate the law.

2. Measure corrects:

Repayment of the illegal gain is due to the execution of the prescribed behavior at Point 1 This Article.

What? 14. Violation of the regulation of joint venture, link, receiving funding to operate science and technology

Fines from 10,000,000 to 20,000,000 people in the scientific and technological organizations receive direct funding, not through the organization that they are members; individuals are not part of the scientific organization and technology that receives direct funding from the organization. In office, foreign individuals to perform scientific and technological tasks without registering to receive funding with the Department of Science and Technology.

What? 15. Violation of regulatory regulation, use of a state budget budget devoted to scientific and technological activity.

1. Penituate from 5,000,000 to 10,000,000 individuals; fines from 10,000,000 to 20,000,000 to the organization with one of the following acts:

a) The use of scientific research funding and target error technology;

b) Use the funding of scientific research and technology to duplicate other funding from the state budget.

2. Money from 20,000,000 to 30,000,000 to the organization's use of the organization, not reimbursable at the time of funding funding from the State Budget without proper reason.

3. Measure remediation:

a) Forced To Submit To The Amount Of Funding That Was Misused, incorrect with the content that was approved or charged with the specified duplicate in Clause 1 This Article;

b) The refund of the cost of the cost is taken to the behavior of Article 2.

Item 2

THE ADMINISTRATIVE VIOLATION OF TECHNOLOGY TRANSFER ACTIVITY, THE FORM OF PUNISHMENT AND THE REMEDIATION OF THE CONSEQUENCES.

What? 16. Violation of the report on reporting in technology transfer operation

1. Penituation of between 500,000 and 1,000,000 dollars for the organization has one of the following acts:

a) Not to send a report of the implementation of the technology transfer contract, the resulting assessment of the results of the implementation of the technology transfer contract to the technology of the limited technology portfolio transferred to the state agency with the prescribed jurisdiction;

b) Not to send a report on the technology transfer contract to the technology transfer contract that has been issued a certificate of technology transfer contract registration and has been implemented for over a year, which has a state capital use of 51% or more. to make the transfer of technology;

c) Do not report the state governing body for science and technology where the deployment of technology transfers when disseminable, transfer of aquacal technologies, preservation, agricultural products processing, forestry, fisheries in the countryside, mountainous region, site of the region, etc. There ' s a difficult economic-social condition, the place where economic-social conditions are particularly difficult.

2. Money from 1,000,000 to $2,000,000 for the organization issued a Certificate of Registration Certification for a transfer of technology but not written notice to the agency issued a contract registration certificate when the cancellation of the public transfer contract. Yeah,

What? 17. Violation of the obligation on use and transfer of research results and development of technology generated by the state budget.

1. Money from 2,000,000 to 5,000,000 shares of the organization does not implement or do not properly implement the mechanism and the rate of division of interest in accordance with the regulation of the law on technology transfer.

2. Penitentiated from 5 million to 10,000,000 partners for the organization whose behavior is used, non-correct transfer of ownership of the ownership of technology or other research results is generated by a state budget.

What? 18. Violation of policy incentives for application, transfer, technological innovation

1. Money from 10,000,000 to 20,000,000 co-organizations with one of the following acts:

a) Use not exactly the right amount of funding funded from the National Innovation Foundation;

b) The implementation is not true or the incomplete implementation of the content is committed to being funded from the National Innovation Innovation Foundation.

2. Money from 20,000,000 to 30,000,000 to the organization that has fraudulent, forgery behavior to enjoy the support, incentives of the incentive policy, promote technology transfer.

3. Measure remediation:

The return of the portion of the funding has been preferable, support for the specified behavior at 1, 2 Articles.

What? 19. Violation in the technology transfer services business

1. Money from 10,000,000 to 20,000,000 co-organizations with the organization whose business behavior is not correct in the technology transfer content of the technology transfer business registration.

2. Money from 20,000,000 to 30,000,000 to the organization that has business behavior in the technology transfer business but does not have a Business Registration Business Registration Certificate.

What? 20. Violation in the establishment and implementation of the technology transfer contract, the technology transfer service contract.

1. Money from 15,000,000 to 25,000,000 individuals; fines from 30,000,000 to $50,000,000 to the organization with fraudulent behavior, deception in the establishment, implementation of the technology transfer service contract.

2. Money from 20,000,000 to 30,000,000 individuals; fines from 40,000,000 to 60,000,000 to the organization have one of the following acts:

a) fraud, deception in the establishment of a technology transfer contract to be granted a registration of the registration of a technology transfer contract or issued a technology transfer license;

b) Continue to implement the technology transfer contract upon which the contract has decided to suspend or decide the cancellation of the competent state agency;

c) The implementation of the content is not correct or in addition to the scope of the license to transfer the technology that has been issued.

3. Additional execution form:

The title uses a 1-month-to-03-month technology transfer permit for the stipulation at Point 2 Article 2.

What? 21. Violation in technology transfer under the transfer of transfer restriction technology, technology under the category of technology prohibited transfer transfer.

1. Money from 20,000,000 to 30,000,000 dollars on individuals; fines from $40,000,000 to 60,000,000 to the organization with a technology transfer behavior under the Limited Office of Transfers Limited Technology, but no public transfer permit. Yeah,

2. Money from 40,000,000 to 50,000,000 individuals; fines from $80,000,000 to 100,000,000 to the organization with a technology transfer behavior under the category of prohibited technology transfer technology.

3. Additional execution form:

a) The confiscation of the burial, the relevant means for carrying out the behavior of the provisions of the 1, these two things;

b) expulsion against foreigners who conduct regulation at Clause 2 This.

4. Measure corrects:

Forcing the destruction of the product generated from the transfer technology or forced out of the territory of Vietnam or forced reintroduction to the product related to foreign-made technology into Vietnam (if any) for the behavior of regulation at clause 2.

Chapter III

THE AUTHORITY TO PUNISH ADMINISTRATIVE VIOLATIONS OF SCIENTIFIC ACTIVITY AND TRIBUTE, TECHNOLOGY TRANSFER AND TECHNOLOGY.

What? 22. Authority to punish the administrative violation of the Professional Inspects on Science and technology

1. The inspector has the right:

a)

b)

c) The confiscation of the animal, the administrative violation, is worth $500,000;

d) Apply the applicable remediation measure at points a, c, clause 1 Article 28 of the Administrative Breach Disposal Law.

2. Chief Inspector of the Department of Science and Technology has the right:

a)

b)

c) The use of the use of the Certificate of Registration of Science and technology, the technology transfer permit, the registration certificate for the transfer of technology;

d) The confiscation of the funeral, the means of the administrative order, of the order of 25 million;

The applicable remediation measures at Clause 1 Article 28 of the Administrative Violation Law and Article 2 of this Decree.

3. The Chief Inspector General of the Department of State Department has jurisdiction over the provisions of Article 2 of this.

4. Chief Inspector General of the Ministry of Science and Technology has the right:

a)

b)

c) The use of the use of the Certificate of Registration of Science and technology, the technology transfer permit, the registration certificate for the transfer of technology;

d)

The applicable remediation measures at Clause 1 Article 28 of the Administrative Violation Law and Article 2 of this Decree.

5. Chief Inspector of the Ministry of Science and Technology has the right:

a)

b)

c) The use of the use of the Certificate of Registration of Science and technology, the technology transfer permit, the registration certificate for the transfer of technology;

d)

Apply the applicable remediation measures at Clause 1 Article 28 of the Administrative Violation Law and Article 2 of this Decree.

What? 23. Authority to punish the administrative violation of the Chairman of the People ' s Committee

1. The Chairman of the Committee on the Social People ' s Commission has the right:

a)

b)

c)

d) Apply the applicable remediation measure at points a, b, c, clause 1 Article 28 of the Administrative Breach Disposal Law and Article 2 of this Decree.

2. The chairman of the District People ' s Commission has the right to:

a)

b)

c)

d) Apply the applicable remediation measure at points a, b, c, e, e, h, i Clause 1 Article 28 of the Administrative Violation Law and Article 2 of this Decree.

3. The chairman of the Provincial People ' s Commission has the right:

a)

b)

c) The use of the use of the Certificate of Registration of Science and technology, the technology transfer permit, the registration certificate for the transfer of technology;

d) The confiscation of the funeral, the medium used to violate administrative;

The applicable remediation measures at Clause 1 Article 28 of the Administrative Violation Law and Article 2 of this Decree.

What? 24. Authority to punish the administrative violation of other agencies.

Forces: Public Security, Customs, Taxation, Specialized Inspection Agency has jurisdiction over the provisions of the Administrative Infringement Disposal Law over the prescribed behavior at Chapter II This decree within its field of management.

What? 25. Principles of identification and resolution of punishment

The authority to punish the administrative violations of those prescribed at Articles 22, 23, 24 of which is the authority applicable to an individual's administrative violation; in the case of fines, the jurisdiction of the execution of the organization is twice the trial. Personal punishment.

What? 26. The authority to compile administrative violations

Upon the discovery of the administrative breach, the person with the authority to sanctiate, the public, the officer who is executing the task, the task is delivered in time to the time of the statute and implementation in accordance with the provisions of Article 58 of the Administrative Breach Disposal Law.

Chapter IV

EXECUTION CLAUSE

What? 27. The transition clause

For administrative violations in scientific and technological activity, technology transfer occurred before July 1, 2013, which was later discovered or considered, which applies the rules that are beneficial to the organization, the individual violated.

What? 28.

1. This decree has been in effect since 15 August 2013.

2. Decree 127 /2004/ND-CP May 31, 2004 of the Government Regulations on the sanctions of the administrative violation in scientific and technological activity, the Digital Protocol. 49 /2009/NĐ-CP May 21, 2009 of the Government Regulatory of the Administrative Violation Penalty in technology transfer operation and the Clause 3, 4 Article 28 Digital Protocol 84 /2006/NĐ-CP August 18, 2006, the government provides for damages, disciplinary action, and administrative violations in the practice of saving, against wasting all the validity of this Decree effective date.

What? 29.

The ministers, the Prime Minister, the Head of the Government, the Chairman 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.