Circular 07/2013/tt-Bkhcn: Prescribing Guidelines, Forms, Contents Of The Text In Cooperation With Foreign Countries In The Field Of Science And Technology

Original Language Title: Thông tư 07/2013/TT-BKHCN: Quy định nguyên tắc, hình thức, nội dung của văn bản hợp tác với nước ngoài trong lĩnh vực khoa học và công nghệ

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Number: 07 /2013/TT-BKHCN
Hanoi, March 8, 2013


Rules rules, forms, content of collaborative text.

with foreign countries in the field of science and technology


Base of Protocol 28 /2008/NĐ-CP March 14, 2008 the Government regulates the function, mandate, jurisdiction, and organizational structure of the Ministry of Science and Technology;

Base of Protocol 80 /2010/NĐ-CP July 14, 2010 by the Government Regulation on cooperation, investment with foreign countries in the field of science and technology;

At the request of the Director of Evaluation, Appraisation and the Director of Technology,

The Ministry of Science and Technology of the Ministry of Science and Technology issued the principle of principle, form, content of writing cooperation with foreign countries in the field of science and technology.

What? 1. Range and subject applicable

1. This information regulates the principle, the form, the content of the cooperative contract, and the text of the cooperation agreement (then collectively known as the text of cooperation) with foreign countries in the field of science and technology.

2. This information applies to organizations, Vietnamese individuals collaborating with the organization, foreign individuals in the field of science and technology.

3. Rules of principle, form, content of technology transfer contract, transfer of intellectual property rights to intellectual property.

What? 2. Explain the word.

Collaborative agreement text in the field of science and technology is the written regulation of shared commitment terms, coordination mechanisms, specific conditions that bind legal responsibility to the stakeholders.

Memo Text is the original intended record (not legally binding) as the basis for the parties to deploy the next steps of scientific and technological cooperation.

Scientific and technological cooperation is the copyright agreement that regulates the rights, obligations, responsibilities of the parties to work on scientific research, research on technological development, provision of services in the activities of scientific research and technological development.

Collaborative Plan is the text that defines the goals, methods, results, routes, resources needed to implement collaborative agreement content in the field of science and technology.

Collaborative Program is the text of the collaborative commitment between the parties in which it is clear: the goal, the content, the way of execution, the collaborative outcomes need to be achieved, the resources used, the deadline and the implementation of the parties, the obligations, the rights and responsibilities of the parties.

What? 3. Text signing principle

1. Text of cooperation in the field of science and technology due to the parties of agreement on a voluntary basis, equal equality of the same benefits, in accordance with the laws of Vietnam and international treaties, the international agreements that Vietnam is a member or a set. International (if available).

2. The collaborative text must be consistent with the development strategy of science and technology, the plans, programmes and projects of the state.

What? 4. Language used in collaborative text

The language used in the collaborative text is Vietnamese and foreign languages due to the parties of the agreement. The text of cooperation in Vietnamese and foreign languages has the same legal value.

What? 5. Form of collaborative text

1. Contract for scientific and technological cooperation;

2. Text of Memory;

3. Text of the agreement;

4. Work Plan;

5. Work program;

6. The other forms agreed by the parties.

What? 6. The principal content of the collaborative text

1. For the contract of scientific cooperation and technology:

a) the information of the parties to the contract;

b) The concept, interpretation of the term used in the contract;

c) The goal, the content, the scope, the results need to be achieved, ...;

d) Location, deadline, method of making agreement;

the power and the responsibility of the parties in the implementation of the contract;

e) Regulations on the use of results and share benefits when using the results of the contract execution (if any);

f) evaluate the results of the results;

g) Regulation of intellectual property rights (if any);

h) The cost and resources to implement the contract and method of payment (if any);

i) Resolve dispute;

) The law applies;

l) The feasibility and economic efficiency-the society;

m) Other agreements.

2. For the memo text:

a) The information of the parties;

b) The base of cooperation;

c) The principle of cooperation;

d) Target, content, form of work;

The source of the force.

3. For the agreement text, cooperation plan, cooperation program:

a) The information of the parties;

b) Target, content, collaborative form and expected results;

c) The source of the execution;

d) The organizational method of execution;

e) Planning to implement;

g) Coordination mechanism implementation;

h) feasibility and economic-social efficiency.

In addition to the specified content at paragraph 1, 2 and 3 This, the parties are able to make additional arrangements of other content in accordance with the specific conditions of collaborative activities and existing law regulations.

What? 7.

1. In the 15 (fifteen) days of work since the date of the signing of the partnership, the organization, the Vietnamese individual on behalf of the parties to the notice, accompanied by 1 copy of the cooperating text to the state governing body of authority under regulation at paragraph 2. 10 Numerical Decree 80 /2010/NĐ-CP July 14, 2010.

2. The ministries, peer agencies, government agencies, the Provincial Committee of the Provinces, the central city-based city responsible for aggreging the situation of cooperation in the field of science and technology of the previous year, sent to the Ministry of Science and Technology before May 15. Every year, every year.

What? 8. Terms of execution

1. This message comes into effect after 45 days, since the date of the issue.

2. In the course of this announcement, if there is a problem with problems, ministries, peer agencies, government bodies, local agencies and organizations, individuals reflect on the Ministry of Science and Technology to modify, complement the right.



Zhou Yu