Circular 36/2011/ttlt-Btc-Bkhcn-Bnv: Modifying, Supplementing Circular No. 12/2006/ttlt-Btc-Bkhcn Bnv Guidelines Decree 115/2005/nd-Cp Of September 2005 Of The Government ...

Original Language Title: Thông tư liên tịch 36/2011/TTLT-BKHCN-BTC-BNV: Sửa đổi, bổ sung Thông tư liên tịch số 12/2006/TTLT-BKHCN-BTC-BNV hướng dẫn thực hiện Nghị định số 115/2005/NĐ-CP ngày 05 tháng 9 năm 2005 của Chính phủ quy đ...

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
CIRCULAR additional amendments to circular No. 12/2006/TTLT-BTC-BKHCN BNV guidelines Decree 115/2005/ND-CP dated September 5th, 2005 by government regulation mechanism of autonomous, responsible of the Organization of science and technology set up _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to Decree No. 28/2008/ND-CP dated 14/3/2008 of the Government functions duties, powers and organizational structure of the Ministry of science and technology;
Pursuant to Decree No. 118/2008/ND-CP on November 27, 2008 of the Government functions, tasks, powers and organizational structure of the Ministry of finance;
Pursuant to Decree No. 48/2008/ND-CP dated 17/4/2008 of the Government functions, tasks, powers and organizational structure of the Ministry of the Interior;
Pursuant to Decree No. 115/2005/ND-CP dated 19/9/2005 of the Government regulation mechanism of autonomous, responsible of the Organization of science and technology-accredited additional amendments in Decree No. 96/2010/ND-CP dated 20/9/2010 of the Government revising, supplementing a number of articles of Decree No. 115/2005/ND-CP dated 19/9/2005 regulating the mechanism of autonomy , responsible of the Organization of science and technology established and Decree No. 80/2007/ND-CP dated 19/5/2007 on the enterprise of science and technology (hereinafter abbreviated as Decree No. 115/2005/ND-CP);
The Ministry of science and technology, the Ministry of finance and the Ministry of Interior modifications, additional circular No. 12/2006/TTLT-BTC-BNV-BKHCN on 05/6/2006 instructions made the Decree No. 115/2005/ND-CP (hereinafter abbreviated as circular No. 12/2006/TTLT-BTC-BKHCN BNV).
Article 1. Modified, some additional contents circular No. 12/2006/TTLT-BTC-BKHCN BNV as follows: 1. additional points of DD, e, g Paragraph 2 section I: "dd) organize science and technology activities in the field of research to build the technical-economic norms specialization is organization with the main tasks set forth in the Charter of organization and activity is consulting help , the construction industry standards, standardisation, the consumption of raw, natural, material, the level of use, labour in the fields of economic, technical and professional; funding to implement this task from State budget sources accounted for over 70% of the funding activities of the unit every year. "
"e) scientific and technological organizations to serve state management is the Organization of one of the main tasks, functions below are specified in terms of organization and operation; in it, the cost of performing the task from State budget sources accounted for over 70% of the funding operation of the unit:-research, technology transfer, applications in the local economic and social conditions are difficult or particularly hard;
-Provides information on Science and technology, statistics on Science and technology to serve the Agency's policy planning the party, state management bodies;
-Disease prevention, keeping, breeding, genetic resources conservation serves the public interest and not for profit. "
"g) held science and technology provisions in paragraph 4 Article 4 of Decree 115/2005/ND-CP of modification is the Organization of science and technology set up to establish the following on 05/10/2005."
2. Amend section I paragraph 4 as follows: "4. The time limit for the construction and approval of the project: a) the scientific and technological organizations specified in paragraph 1, paragraph 2 article 4 of Decree 115/2005/ND-CP amending building renovation scheme of organization and operation (according to the model in Annex Ia attached to this circular) the competent agency, before 30/9/2012; the Agency has the authority to assess and decide on approval of the project before 31/12/2012.
b) Organization science and technology provisions in paragraph 3 article 4 of Decree 115/2005/ND-CP project modification events the whole organization and activity (according to the model in annex Ib attached to this circular) to the competent authority approval of the project before June 30, 2012.
c) The scientific and technological organizations in point a, point b of this Clause if there is no project or the project is not approved, the Agency has the authority to request the Organization of science and technology building of merger or dissolution.
d) Organization of scientific research and technological development, the service organization of science and technology established the following on 05/10/2005 to determine the form of organisation and operation according to the provisions in clause 1 or clause 2 article 4 of Decree 115/2005/ND-CP amending and ensure the implementation of the mechanism of autonomy , responsible of the project of establishment of the organization. "
3. Amend Paragraph 5 section I as follows: "5. the scientific and technological organizations implement the mechanism of autonomy, responsibility continues to be the State's business units. Case of need to change the name, the Organization of science and technology in the proposed scheme to the Agency has the authority to review the decision. "
4. Amend Paragraph 6 section I as follows: "6. The organization of science and technology of public revenues shall be based on the specific conditions and characteristics, the heads of the scientific and technological organizations may consider the competent authorities decided to establish subdivisions having legal personality , seal, have the account and automatic operation ensure regular operation funding.
The new units have the obligation to republish the submission part of funding from a larger source of income disparity in the genus of career activities, production, sales and service after full implementation of obligations with the State for the Organization of science and technology management units directly to costs for the management of the more general activities and development investment. Quote level filed are stipulated in the Charter and the Organization of activities and the regulation of internal expenses of newly established units. "
5. additional amendments clause 1, section II as follows: "1. The Mission of the Organization of science and technology including: a) regular duties according to function: regular tasks according to the function is the task to ensure the operation of the unit, to be approved by the competent authority and the direct communication line with the function the Organization's mission, as defined in the decision establishing the Charter or organization and operation (the tasks of science and technology, the Ministry of construction plans;; information, advocacy activities; international cooperation activities; conferences, seminars; training, training for personnel management; , property; the air operation).
b) scientific and technological mission of the State Science and Technology Mission of the State's programs, topics, projects, science and technology projects, the Ministry and the equivalent use of funding science and technology in the career of the State through a selection Select or direct interface. Science and technology organization and is responsible for organizing the mission on Science and technology, ensuring the proper task completion time and quality.
c) missions of the Organization of science and technology-science and technology task does not use the funding for science and technology in the career of the State;
-Investigation, statistics, planned by the State;
-Postgraduate training;
-Scientific and technological services;
-Production and business activities, other services;
The scientific and technological organizations to actively exploit, contracting with organizations, individuals and organizations performing tasks. The content of the contract of scientific research, technology transfer, science and technology services, deliver cargo, and the type of contract held by the economic science and technology cooperation agreement themselves on a consistent basis with the ability, the field of expertise of the scientific and technological organizations under the provisions of the law.
Science and technology organizations can apply rules on estimating the expense of implementing the science and technology used in funding science and technology in the career of the State when the construction cost estimation of scientific missions and technology do not use funding science and technology in the career of the State. "
6. Amendments, supplements a clause 4 section II as follows: "a) science and technology organization has manufacturing operations, business, service procedures for business registration at the registry for the local business, where scientific and technological organizations headquartered and be issued a certificate of business registration.
Science and technology organization used seal of the business units for production, business activity. "
7. Modify, Supplement b section II paragraph 4 as follows: "b) business registration profile: apart from business registration records under the guidance of the Ministry of planning and investment, science and technology institutions need to submit additional documents:-copy of a valid decision of the State administration organs competent to approve the project of reorganization and operation or The project of perfecting the Organization and activities of the Organization of science and technology;
-Chartered organization and the Organization's activities in science and technology. "
8. Modify the point a, point b paragraph 1 section III as follows: "a) regular operation funding: funding operations including salaries, wages and the money spent on the Organization's activities in science and technology.
-For scientific and technological organizations subject to the provisions in clause 1, article 4 of Decree 115/2005/ND-CP: + State budget not directly funding operations.
+ The latest up to date 01/01/2014 funding operations that are defined and deployed in the estimation of funding make regular tasks according to the functional, technological and scientific tasks of the State.
-For scientific and technological organizations subject to the provisions of clause 2, article 4 of Decree 115/2005/ND-CP amending and institutions of science and technology has approved the conversion scheme under the provisions of clause 1, article 4 of Decree 115/2005/ND-CP amending current practice but not yet self assured are funding operations :

+ The State budget funded operations under the slowest stock untill 31/12/2013. Stock levels of funding of activities often do not lower-level State budget spent on regular activities of the previous year or years of the adjacent was approval of the project; In addition to the State level complement the frequent increase in expenditures for organizations of science and technology by expanding and strengthening the Organization of tasks according to the decision of the authority and funding to implement the policy of reform of salary by State regulations.
The Governing Body decided on the stock level of funding operations based on revenues and expenditure estimation of organization science and technology every year. Encourage the scientific and technological organizations enhance revenue, decrease expenses often genera from the annual State budget.
The rules above do not apply to the institutions of science and technology in enterprises, the Corporation.
+ The latest up to date 01/01/2014, the State does not directly funding operations that funding activities are regularly identified and attached to the expense of frequent missions by function, the task of the science and technology of the State.
-For scientific and technological organizations active in the field of basic research, strategic research, policy research, build technical-economic norms, state management service subject to the provisions of paragraph 3, article 4 of Decree 115/2005/ND-CP: + State budget funding operations in the form of securities. Stock levels of funding operations based on the functions and tasks of the unit are not lower-level State budget funds spent on funding the regular activities of the adjacent five years ago; There are increased more for expenses reform salaries, expanding the Organization and strengthen the task according to the decision of the authority.
+ In addition to the regular funding is granted according to the level of the stocks mentioned above, the latest coming on 01/01/2014, the type of organization science and technology delivered funding operations in the genus estimation made the task of the science and technology of the State. With this kind of scientific and technological institutions, in the estimation of regular duties under the genus functions without the expense of regular activities.
-With regard to the Organization of scientific research and technological development, the service organization of science and technology set up to establish the following on 05/10/2005: + regular operation funding annually granted under the equity method the maximum in 4 years (with the Organization Department of the provincial people's Committee, the central cities in 6 years) from the date of establishment. The funding limit regular activities by the competent authorities to decide on the basis of the project of establishing the Organization of science and technology has approved, the maximum allocation limit estimation of administrative management expenditure for the Executive Agency to the same level as specified in the decision on allocation of regular budget expenditure estimates state and according to the method computer administrative costs apply to fiscal years that science and technology organization which was founded.
+ After the time established in the said, the Organization will be the State Affairs funds operate regularly in the estimation of funding make regular tasks according to the functions and tasks of the science and technology of the State.
b) funding to perform the tasks of science and technology:-regular tasks by function: based on functions, the mission is the competent authority specified in the delivery form, Charter or bylaws of organization and operation of the unit, each year, the Organization of science and technology in estimating the expense of frequent missions by function.
The institutions of science and technology of construction estimating cost of performing the task as specified in circular No. 44/2007/TTLT/BTC-BKHCN on 7/5/2007 of the Ministry of finance, the Ministry of science and technology of building norms and allocate funding for the estimation of the , science and technology projects that use the State budget, slow down for the remainder of the 31/12/2013.
The Ministry, the central agencies, people's committees of provinces and cities under central base actual conditions and the provisions of circular No. 44/2007/TTLT/BTC-BKHCN to guide content, spending made the regular tasks by function for consistent and uniform implementation of the , Central, local authorities themselves.
-Scientific and technological mission of the State: + mission through selection, selection: based on the list of tasks in science and technology by the Ministry of science and technology, the Ministry of industry, local and annual publication, the science and technology institutions are equal rights join selection Select the task in science and technology.
+ The task assigned by the State agency or order directly: the institutions of science and technology of construction cost estimation made the task of the science and technology of the State under the provisions of circular No. 44/2007/TTLT/BTC-BKHCN on 7/5/2007 of the joint Ministry of finance, Ministry of science and technology of building norms and distributed estimation funding for the subject, scientific and technology projects that use the State budget, the maximum off 31/12/2013 ".
9. Amend Paragraph 2 section IV as follows: "2. The income of officials and workers in the Organization of science and technology: since 01/01/2014, organization science and technology building fund salaries and made to pay wages, income for officers, employees in the scientific and technological organizations under the guidance of the Ministry of finance and the Ministry of science and technology."
10. Amend paragraph 1 Item VII as follows: "1. When planning the transition, science and technology institutions are full statistics of the existing assets in the unit, property values calculated according to the rates and integer value of the property remaining at the time established (according to the model in annex II attached to this circular) have delivered proposals to manage and use assets, depreciation of assets. Before the approval of the project of the Foundation for science and technology, the State Agency has the authority to form the Council of property valuation to conduct verification checks, property valuation, then heads to the competent State agencies signed the asset allocation decision and the heads of scientific institutions and technology newsletter assets (according to the model in annex III included This circular).
The allocation of assets is done according to circular No. 245/2009/TT-BTC on December 31, 2009 of the Ministry of finance regulations make some of the content of the Decree No. 52/2009/ND-CP dated 3 June 2009 from the Government detailing and guiding the implementation of some articles of the law on the management of , used state assets. "
11. Amend item 2 Item VII as follows: "2. the scientific and technological organizations used state assets, including intellectual property management has been delivered and used in the the purpose of production, sales, service, leasing, joint ventures, associated prescribed by law; use the assets formed from capital and assets have been assigned legal ownership to the mortgage as prescribed. "
12. Amend paragraph 1 Item VIII as follows: "1. The principle of financial incentive for the scientific and technological organizations: the Organization of science and technology as transition to the kind of organizations cover the expense of work autonomy, responsibility, enjoying the financial incentives for science and technology and the advantages tax incentives for enterprises of science and technology in accordance with current law. "
13. Amend paragraph 3 Section XII as follows: "3. The points a, b Paragraph 2 of this Section are opinions of conference officers, officer.
With respect to the issues in item 1 and item 2 of this Section, when the level of the Party Committee, the Executive Committee of the Union have opinions not yet unified with the heads of the Organization of science and technology, the hosted report in writing to the supervisor of his organization and heads of organization science and technology report written opinion of the governing body directly before When decided. "2. Implementation of this circular is effective from 15th March 2012. In the process, if there are obstacles arise, suggest that the Agency, the Organization submitted a report to the Ministry of science and technology, the Ministry of finance and the Ministry of the Interior to review resolution./.