Circular 13/tt-Bkhcn 2011: Rules Governing The Activity Of Science And Technology Program Level Water Period 2011-2015

Original Language Title: Thông tư 19/2011/TT-BKHCN: Quy định tổ chức quản lý hoạt động Chương trình khoa học và công nghệ trọng điểm cấp nhà nước giai đoạn 2011-2015

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CIRCULAR rules governing program activity science and technology level water period 2011-2015 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to the law on Science and technology on 9/6/2000;
Pursuant to Decree No. 81/2002/ND-CP dated 17/10/2002 detailing the Government's implementation of some articles of the law on Science and technology;
Pursuant to Decree No. 28/2008/ND-CP dated 14 March 2008 of the Government functions, tasks, powers and organizational structure of the Ministry of science and technology;
Pursuant to decision No. 1244/QD-TTg on November 25, 2011 approved by the Prime Minister's directions, goals, mission science and technology mainly the period 2011-2015;
The Minister of science and technology of the regulations governing the operation of programs of science and technology of water level period of 2011-2015 as follows: chapter I GENERAL PROVISIONS article 1. Object, scope 1. This circular the provisions governing the program activity science and technology level of the water (hereinafter the program), including: building the frame of the program, identify, select, selection, implementation, testing, monitoring, reviews, science and Technology Mission in the program and evaluation of the program in order to implement decision No 1244/QD-TTg on November 25, 2011 approved by the Prime Minister's directions, goals, mission science and technology mainly the period 2011-2015, except in the case specified in clause 2 of this Thing.
The program included science and technology program, the program in social sciences and humanities. Scientific and technological tasks in the program include: the subject (the subject of scientific research and technological development, research potential, science and technology research in social sciences and Humanities), experimental production projects and other tasks (hereinafter referred to as the subject , project).
2. This circular does not apply to the subject, the project organized by the program of science and technology, foreign, alien individuals, who overseas Vietnam hosted implementation.
Article 2. Principle Program Manager 1. The program manager must follow the law on Science and technology; ensure the role of State management of the Ministry of science and technology and of the ministries concerned; ensuring accountability, the powers of the Chairman of the Board of the program, presided the subject organization, project (hereafter referred to as the Organization) and the project, the project.
2. Program management activities must ensure to implement the programs in accordance with the objective, content, progress has been approved.
3. The use of the program's funding is the right purpose, effectively, no waste and under the current rules.
Article 3. The code of the program, topics, program code, project topics, projects are recorded as follows: KC. XX. DAYY, 11-15, KC. XX. TNYY/11-15 and the KX. XX. YY, 11-15 in that: 1. the KC is general program for the symbols in the fields of science and technology;
2. the KX is the General symbol for programs in the fields of social sciences and Humanities;
3. Group XX 2-digit group is the order of the program according to the numbers stated in the decision of the Minister of science and technology;
4. Group DAYY, TNYY in which YY is the 2-digit group number record of the projects in the program; The SKIN is the only project; TN is the only potential topics;
5.11-15 is a common notation for the science and technology program level water period 2011-2015;
6. Between groups of 2 letters denote the field to group digits order program is a dot; between group digits order program and group numbers the order subject, project is the dot; between group digits order subject, project with the digit grouping symbol period is slash.
Article 4. Information about the program, topics, projects 1. Information about the program, topics or projects are posted in the electronic portal of the Ministry of science and technology, on electronic information page of the Office of the State-level program (hereinafter referred to as the Office of the program) and on scientific and development, except the special information related to State secrets.
2. the Chairman of the program Committee, organization and project, the project responsible for the content information prescribed in paragraph 1 of this article and the advocacy, dissemination, transfer of the results of scientific research and technological development of the program, the subject, the project.
Chapter II ORGANIZATIONAL MANAGEMENT Program 5. Organizational program management 1. The Ministry of science and technology, the same ministries involved, the Chairman of the program Committee, organization and project, the projects are responsible for program management, program implementation organization.
a) The service functions of the Ministry of science and technology made the role state management of the Ministry of science and technology in organizational management program, the same program Office helps the Minister responsibilities, powers of the Ministry of science and technology, the provisions of article 10 of this circular;
b) program office is business units under the Ministry of science and technology, help the Minister of science and technology in the implementation of the operations management function program.
2. Organization: the Chairman of the program Committee and Secretary of the administration of the program.
The Chairman of the program Committee led by Minister of science and technology establishment, assists the Minister of science and technology organization, manage the implementation of the program.
Article 6. The responsibilities and powers of the Chairman of the Board of the program 1. The Chairman of the program Board responsible to the Minister of science and technology on the performance goals and products of the approved programme, on the scientific and technological level of the results of the program to meet the requirements of socio-economic development of the country.
2. the Chairman of the Board of the program has the following powers and duties: a) the Organization identifies the task of recruitment, selection, the Organization, the individual presiding made topics, projects, reviews, testing results, the project topic in the program;
b) presiding, in cooperation with the Office of programs and the relevant unit directly under the Ministry of science and technology guide, individual organizations improve presentation of topics or projects after a decision of the Minister of science and technology in recognition of the successful organization of the individual presiding over the subject , project; evaluation of the content and funding of projects in the program after completion according to the guidelines, the Minister of science and technology review, decide;
c) annual construction plan on the basis of the objective, the content and the intended product of the program has been the Minister of science and technology approved to implement the program; suggested contents adjusted, annual supplement and coordinate with the Office of the Organization of the program implemented after the Minister of science and technology;
d) reported construction (6-month recurring, annual preliminary sum;;) the results of the program sending the Office programs to the synthesis report the Minister of science and technology;
DD) signed presentation topics, projects in the program according to the content and funding of the project was the Minister of science and technology; the same Office the signed program of scientific research and technological development (hereinafter referred to as the contract) made subject, project and organization, liquidation of the contract with the Organization and project, project;
e) track, urging implementation of the projects in the program and to solve the problems arising in the jurisdiction; six months and coordinated with the functional unit of the Ministry of science and technology, the Ministry examined the implementation of the projects in the program; confirm the volume and the results of theses, projects to do bar base, settlement and next-level funding for the subject, the project;
g) proposed rewarding for organizations, individuals with merits, the proposal handling violations of the host organization and project, a project in the process of implementing the tasks in the program.
3. the Chairman of the program Committee is responsible for determining the direction of the international cooperation activities of the subject, the project towards international integration in the field of science and technology. The contents of international cooperation to solve the problem of the science, the technology level of the area, are based on the specific issues identified in the presentation topics, project; the ability of the partners; funding and effective implementation of the partnership and are shown in the report on the evaluation of the content of the subject, the project referred to in Paragraph b 2 of this Thing.
4. the Chairman of the program Committee are guaranteed the conditions on the funding, the means employed and the mode according to the current rules.
5. The Chairman of the Board of the program to use the seal of the Office of the program in the text dealing with content in the mission, the powers of the Chairman of the program Committee.
The Chairman of the Board of the program to operate according to the regulations by the Minister of science and technology.
Article 7. The responsibilities and powers of the Office the Office program, the program has the following powers, duties: 1. building plans and annual budget estimates of the programme and of the Office programs to the Ministry of science and technology in General, assigned to the planning and budgeting of public science and technology;
2. In coordination with the Chairman of the program Committee signed presentation topics, projects in the program according to the content and funding of the project was the Minister of science and technology; and the Chairman of the implementation contract program topics, projects and organizations, liquidation of the contract with the Organization and project, project;
3. Make payment and level of funding for the Organization of topics, project schedule noted in the contract; General shopping plans, machinery equipment of the subject, the project in the program the Ministry of science and technology;

4. Ensure the conditions for active management, administration of the program; coordinate and assist the Chairman of the program Committee held consultative activities of the science and Technology Council and other work related to operations management, administration of the program;
5. In collaboration with the Chairman of the Committee of inspection program, monitoring the implementation and use of the budget of the project in the program; monitor, synthesize the mobilization and use of resources in addition to the State budget of the project; detection, timely processing by the jurisdiction, errors in the process of implementation of the program and the purchase of machinery, equipment, project topics in the program; proposed measures to handle and report to the Minister of science and technology decisions for those cases beyond the jurisdiction;
6. Build report funding the program send the Ministry of science and technology under the provisions; General, construction of the periodic report, irregular, between States, the summation of the results of the program on the basis of the report of the Chairman of the Board of the program;
7. In collaboration with the relevant function units of the Ministry of science and technology held a business guide on finance and accounting, management, and organization for the project, the project in the program;
8. Build a database about the Organization, finance, operations and results of the program; build and operate electronic information page of the program; the Organization of statistical work programmes;
9. receiving clues, general suggestions, recommendations of the Chairman of the program Committee on matters relating to building management, operation of the program to process or coordinating with the relevant unit directly to the Minister of science and technology and announced the decision of the Minister to the Chairman of the program Committee and the Organization individuals concerned.
Coordination with the subdivisions of Ministry of science and technology in handling general problems related to building management, operation of the program is done according to the rules of coordination between the relevant function units directly in program management organization by the Minister of science and technology.
Article 8. The responsibilities and powers of the organization implementing the project, topic 1. Responsible for the content, the results of the project topic in the program due to the unit hosted implementation.
2. The same project, the project concluded with the Board Chairman of the program and the Office for the implementation contract program topics, project.
3. Be liable to legal personality in the management and implementation of projects and topics, of the same project, a full implementation project, strictly the commitments in the contract: a) ensure physical facilities (machinery, equipment, buildings, vehicles) and human resources to implement the themes , project;
b) coordinated plans, the progress made, the topic of the project;
c) other terms are the responsibility of the organization.
4. management of funds granted, mobilizing adequate and timely funding from other sources of funding already committed in the contract; tender, procurement and management of equipment and machinery, the subject, the project according to the applicable regulations.
5. Prepare reports with the Ministry of science and technology (through the Office of programs and the Chairman of the program Committee). Create favorable conditions and provide full information to the governing body in supervising, checking, Inspector for the subject, the project during implementation and after the subject, the project has been evaluated.
6. Organizational Management, extraction, transferring the results of theses, projects under the provisions of the law.
Article 9. The responsibilities and powers of the project, project 1. The Organization made the subject, project; responsible for the integrity, values, science and research on the effectiveness of the results of studies of the subject, the project; have the application results or product commercialization projects from the results of theses, projects.
2. Use the correct funding purposes, the true mode, effectively according to the content of the contract; the performance bar, settlement funding, project topics under current rules.
3. Be sure the conditions to make the subject, project under the agreement in the contract and the proposed adjustment as necessary.
4. test, urge organizations and individuals involved in the coordination of the implementation of the subject project, according to the contract. Perform periodic report (6 months) and unscheduled reports on the situation to deploy the mission, using the funds of the subject, the project.
5. Make the announcement, delivered, delivered results, the product of the subject, the project according to the current rules.
Article 10. The responsibilities and powers of the Ministry of science and technology 1. Hosted, in cooperation with the ministries of construction organizations, approved the list of programs on the basis of the goals and tasks for socio-economic development and the development strategy of science and technology in the country; Guide to implementing the program.
2. Issued or in coordination with the ministries departments issued the text of the mechanism, the organization managing the program and in collaboration with the Ministry for implementation.
3. The organization of construction, approval of the targets, content and expected the program's products.
4. Approval of the list of topics, the project to organize a selection, select the Organization, the individual presiding; the decision recognized the successful organization of the individual presiding over the subject, the project; content approval and funding of the project in the program; review and adjust content decisions, funding in case necessary when implementing the program.
The decision supplements the science and technology task irregular layout and planning done in the program.
5. Synthesis and balance the cost of implementing the program to layout on the budget plan of science and technology every year. In collaboration with the Ministry of finance, the Ministry of planning and investment in ensuring financing for the operation of the program. Approval of the settlement and the settlement sum annual funding of the program send the Ministry of finance.
6. Decides to approve or authorize heads of organizations approved of the plan and the results of procurement of machinery, equipment for the projects in the program under the provisions of the law.
7. Monitoring, testing, inspection of the operation of the program, the subject, the project during implementation and after the program, the subject, the project has been evaluated.
8. The decision to recognize the results of theses, projects in the program; delivered right to the Organization and the individual presiding over the subject of project registration program for protection of intellectual property rights for the results of theses, projects under the provisions of the law.
9. Evaluate the results of the operations of the program.
10. Prime Minister's report on the situation and the results of the program.
Article 11. The responsibilities and powers of the Ministry 1. In collaboration with the Ministry of science and technology in the construction of objectives, programme content, identify scientific and technological tasks in the areas concerned; facilitate the Organization, project, project implementation has resulted in the science and technology mission.
2. In coordination with the Ministry of science and technology to examine, supervise and urge the Organization and project, project done properly the commitments in the agreement.
Chapter III IMPLEMENTATION article 12. Identify the scientific and technological tasks in the program 1. The Ministry of science and technology decided the Organization define the tasks of science and technology in the program.
2. the Chairman of the program Committee Chair, in coordination with the Office of programs and the relevant function units subordinated to the Ministry of science and technology of the Organization defining their duties.
The determination of the duty to follow the text of regulations on defining the tasks of science and technology and the text provisions on determining the research potential science and technology by the Ministry of science and technology.
Article 13. Organize a selection, select the Organization, the individual presiding over the implementation of the scientific and technological tasks in the program 1. The Chairman of the program Committee Chair, in coordination with the Office of programs and the relevant function units subordinated to the Ministry of science and technology to organize the selection, select the Organization, chaired personally made topics, projects in the program.
2. The recruitment, selection, individual organizations host made the subject, project follow the text of regulations on recruitment, selection and personal organization chaired the task of science and technology and the text provisions on selection, selection of organizations individuals who presided over the implementation of the scientific research potential technology by the Ministry of science and technology.
Article 14. Evaluation of the subject, project 1. The Chairman of the Board of the program coordinated with the Office of the program and the service functions of the Ministry of science and technology evaluation of the content and funding of the project.
2. The evaluation of the project is done in the text provisions on the appraisal of scientific and technological mission to the State level by the Ministry of science and technology.
3. where necessary, the Minister of science and technology consultation consultation of experts in foreign countries, with regard to the evaluation results before deciding.
Article 15. Commissioned and contracted 1. The Chairman of the program Committee and the Office of the contracting program made the subject, project organization and project, project. Sample contracts by the Ministry of science and technology.
2. Every year, the Ministry of science and technology given the task and content guidelines, plans for the program's Chairman of the Board of the program, the program Office at the same time this content notification for Ministry (for the task because the bodies subordinated to the host) in the overall planning of the science and Technology Ministry.

Article 16. Testing, reviews the process of implementation of the subject project, 1. The Chairman of the Board of the program six months presided, in cooperation with the Office of programs and the functional unit of the Ministry of science and technology, Ministry organizations make the screening, reviews on the progress of scientific content, and the products of the project, according to the signed contract.
2. The Ministry of science and technology periodical or irregular situation and test the results of theses, projects and programs.
Article 17. Adjust content, funding, progress 1. Organization, project, project according to the requirements of the job, be actively adjusted estimation of funding between the content of the genus was given the stock within the total funding allocated securities of the subject, the project.
2. The Ministry of science and technology, on the basis of the written proposal of the project, project, organization, Board Chairman of the program review, decided to adjust the maximum of two times the following: a) goals, products, topics, progress of the project;
b) estimation of funding was approved for the stock not assigned genus content by subject, project.
The text related to the adjustment is part of the contract.
Article 18. Termination of the contract 1. The Ministry of science and technology, on the basis of recommendations of the Office of the Chairman of the Committee, program curriculum, organization, look, decide the termination of contract implementation in the following cases: a) the subject, the project met the objective case leading to the content not be completed and approved objectives;
b) project, project organization and incompetent management organization, made the subject, project; Research of the subject, the project suffered a deadlock or no longer needs to research;
c) breach of contract: the contract conditions are not guaranteed to lead to the subject, the project is not likely to complete; the subject, the project made no proper research content according to the contract signed; the funding being used wrong purposes.
2. Pursuant to decision terminated the implementation contract, the Chairman of the program Committee, the Office of the program, presided over the Organization and project, the project to make the procedure for liquidation of the contract under the terms of the contract signed between the parties and in accordance with the law of contract.
Article 19. Reviews of the subject, project and program 1. Reviews for base-level topics, project: a) the Organization of topics, project host reviews for base-level topics, projects and complete record of the results send the Chairman of the Committee to review the program and the Office programs to the Organization reviews the official test.
b the Chairman of the program Committee) in collaboration with the Office of the inspection program, monitoring the process of the Organization reviews the base level.
2. Reviews, official test for the subject, project: a) the Chairman of the program Committee Chair, in coordination with the Office of the organized program reviews, official test for the projects in the program.
b) Ministry of science and technology of test, monitoring the process of the Organization reviews, the official test.
3. The evaluation program was implemented through three phases: evaluation, reviews and reviews after the finish.
the Chairman of the program Board a) chairing reviews program activity results in the mid-term 5 year plan and report to the Minister of science and technology results reviews.
b) Ministry of science and technology, chaired the Organization reviews the end of program operations implemented and after the program has finished executing.
4. The order and procedure reviews, themes, projects, and programs follow the text provisions on evaluation, the scientific and technological mission to the State level and the rules regarding text reviews trials research potential science and technology by the Ministry of science and technology.
Article 20. Recognition of the subject, project 1. The Minister of science and technology decision making recognition of the subject, the project on the basis of the conclusions of the Advisory Council reviews, trials and the proposal of the Chairman of the program Committee.
2. The Ministry of science and technology, on the basis of the recommendations of the Chairman of the program Committee, determine the responsibilities of the parties concerned, appropriate disposal form prescribed for the subject, the project results to be assessed, the formal test at a level "not reached".
3. where necessary, the Minister of science and technology decided to recognize the results of the subject, the project on the basis of concluded reviews of the independent consulting organization.
Article 21. Liquidation of the contract Ban Chairman of the program and the program office to conduct liquidation of the contract with the Organization and project, the project according to the current rules. In the case of a qualifying time to liquidate, the Chairman of the Board of the program ended the term of operation, the program office to conduct liquidation of the contract with the Organization and project, project. Sample liquidation of the contract by the Ministry of science and technology.
Article 22. Manage the results of theses, projects when the program finish 1. The owner and the organization responsible for governing, exploit, transfer the results of theses, projects under the provisions of the law. Ownership, copyright and the right to use the results of the subject, the project of the program carried out under the provisions of the law on Science and technology, intellectual property and technology transfer.
2. The registration of stored results subject, project follow the registration rules, keep and use the results of scientific and technological mission attached to decision No 3/2007/QD-BKHCN on 16/3/2007 of the Ministry of science and technology; Circular No. 04/2011/TT-BKHCN on 20/4/2011 by Minister of science and technology on the amendments and supplements to some articles of the regulation, registration and use of the results of scientific and technological mission attached to decision No 3/2007/QD-BKHCN and other related documents.
Chapter IV FINANCING of Programme 23. Funding to implement the program 1. Funding to implement the program includes funding to implement the projects in the program and the funding organization, the General management of the programme.
2. Sources of funding make the subject, the project includes funding from the State budget and other sources.
3. the cost of implementing the program was balanced budget estimate in the science and technology every year and be delivered to the Ministry of science and technology to the level under contract for the organization implementing the project, and to read for the general operation of the program.
Article 24. Use of funds 1. The program's funding, the subject, the project must be used for your purposes, under the provisions of the current management.
2. The property of the program, the subject, the project was shopping with funds from the State budget and property created in the course of implementation of the subject project, is managed according to current rules.
Article 25. Settlement funding 1. The report suggested the settlement cost of the subject, the project must be completed before conducting reviews, trials.
The Ministry of science and technology evaluation, approval of the settlement funds of the program, topics, projects and General sent the Ministry of finance.
2. where necessary, the Ministry of science and technology decided to audit the financial activities of the program, the subject, the project to make the base for the settlement funding.
The financial management of the program, the subject, the project follow the text guides on the financial management of the program by the Ministry of finance and science and technology.
Chapter V IMPLEMENTATION Article 26. Handle violation 1. The agencies, organizations, individuals in the process of organization, program implementation, the subject, the project if the violation of the provisions of the law on Science and technology, of this circular and other related regulations, the custom properties, the level, the consequences of violation dealt with under the provisions of the law; tying compensation expense made the subject, project; not be involved in the activities of science and technology by the Ministry of science and technology organization.
2. The agencies, organizations and individuals implement the governance of science and technology, in the process of organization, program managers do not do full responsibility in performing the tasks assigned, set out the procedures in addition to regulations or harassment, then depending on the nature and extent of the violation which dealt with according to the provisions of the law on , fight against corruption, practice thrift and fight waste, the laws on public servants.
Article 27. This circular enforcement provisions have effect after 45 days from the date of signing.
In the process if there are obstacles suggest that the agencies, organizations and individuals to reflect on the Ministry of science and technology to guide implementation.