Circular 03/2011/tt-Bkhcn: A Guide To Selection And Project Management In Development Assistance Programs Of Intellectual Property The Period 2011-2015

Original Language Title: Thông tư 03/2011/TT-BKHCN: Hướng dẫn tuyển chọn và quản lý dự án thuộc Chương trình hỗ trợ phát triển tài sản trí tuệ giai đoạn 2011-2015

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Circular selection and project management support program in intellectual property development period 2011-2015 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 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. 2315/QĐ-TTg dated 14 December 2010 of the Prime Minister approving the programme supports the development of intellectual property, the period of 2011-2015;
The Minister of science and technology selection guide and project management support program in intellectual property development period 2011-2015 as follows: chapter I GENERAL PROVISIONS article 1. Scope and objects 1. This circular guiding the selection and management of projects in development assistance programs of intellectual property the period 2011-2015 was approved by decision No. 2315/QĐ-TTg dated 14 December 2010 of the Prime (hereinafter called "the programme").
2. This circular applies to the unit, individuals involved in the program.
Article 2. The right sign, project leader and project coordination 1. Each unit is only to be registered simultaneously chairing made a maximum of 10 projects in the program, of which no more than 2 projects of the same kind.
2. Each individual not be simultaneously registered as Chairman of the program in the project too.
3. Each individual units only be registered at the same time maximum coordination 3 projects in the program, of which no more than 2 projects of the same kind.
4. The unit is not registered chaired the project if not complete on time the finalization of projects that use State funding is the Ministry of science and technology Affairs made.
5. The amount of the project is limited to the registration authority, the Chairman of the coordination referred to in paragraphs 1, 2 and 3 of this article including the project being hosted, and coordination.
Article 3. Project selection criteria of projects in the program are selected must meet the following criteria: 1. Consistency: content and objectives of the project to fit the content and objectives of the program;
2. Broad and typical: the problem or task that the project resolved to bring the popularity or is the demand of many enterprises, of a local or area;
3. Viability: a) the base construction project;
b) project content matching the capacity of the unit register chaired;
c) funding the project fits with the ability to secure the funding of the program and the ability to mobilize funds of the unit chaired the project;
d) project duration from 1 to 5 years and must end late for 2015, except in special cases, be competent to decide.
4. Effectiveness: a) results, products of the projects can use General, serving for many more local or Enterprise;
b) project to solve a problem or a specific duty, satisfy one or some of the practical needs of the business, of the local community.
Article 4. Conditions for single host of the project and the project 1. Conditions for single host project implementation: a) register chaired the project as regulated;
b) Have legal personality, has the function of operation consistent with the project's field;
c) Have sufficient capacity (physical, financial, human resources), the ability to coordinate, link with other individuals, organizations to successfully implement the project;
d) have the ability to mobilize financing for project implementation;
DD) have personally done the project meets the conditions specified in paragraph 2 of this Article.
2. conditions for the project: a) Has the capacity for civil acts professional and fully consistent with the project's field;
b) have the experience, the ability to organize, manage project implementation;
c) has sufficient time to perform the tasks of the project.
Chapter II a SELECTION UNIT CHAIRED the PROJECT for article 5. Proposals 1. On the basis of objective, general content and plan implementation program, the Ministry of science and technology inform the agency coordinating the implementation program (specified in point b of paragraph 3 article 2 of decision No 2315/QĐ-TTg on 06/12/2010) and reported extensively on the mass media to the relevant agency know , General support needs of the business, the local management domain, from which the project proposal in the program.
2. The agency coordinating the implementation of programs and other organizations that wish to propose projects within a period of 12 months from the date of the notice of Ministry of science and technology outlined in paragraph 1 of this article.
Article 6. The construction and approval of the list of projects 1. Based on the proposals received and on the basis of the proposed order, the intellectual property Bureau established the category of projects according to the Model B1 included herewith and the program Steering Committee review.
2. Programme Steering Committee is responsible for reviewing, assessing, and Minister of science and technology approved portfolio of projects in the annual program.
3. Main content of the project include: the name and code of each project; type of project (Central or central management for local authorization management); Summary of objectives, content and requirements of the project; expected product (results) of the project and the duration of the project.
Article 7. Publish the project directory directory of the project after approval will be widely published on the business forum, science and development and the website of the Ministry of science and technology (www.most.gov.vn), the intellectual property Bureau (www.noip.gov.vn) and (www.hotrotuvan.com.vn).
Article 8. Supplement to catalogue the local projects, the agency coordinating the implementation of programs or units, individual needs may suggest additional categories of projects. The addition of categories projects must be proposed in writing and are considered intellectual property Bureau, process the approval authority according to the order prescribed in article 6 of this circular.
Article 9. Selection notification unit chaired the project 1. Intellectual property Bureau is responsible for the recruitment notice posted to the unit supervisor made the project by the central management.
2. Science and technology are responsible for posting the notice of selection of units project chaired by the Central delegated to local managers in local management scope.
3. reporting unit selection chaired the project was widely published on the website of the Ministry of science and technology (www.most.gov.vn), the intellectual property Bureau (www.noip.gov.vn), (www.hotrotuvan.com.vn), the Forum of business, science and development and tv station, local newspapers (with respect to the authorization by the central project for local management).
Article 10. Profile register chaired the project 1. Profile register chaired the project (hereinafter called "records") consists of the following documents: a) registration chaired the project form B2 is included herewith;
b) demonstration project under the form B3 attached herewith;
c) curriculum vitae of the project;
d) demonstration of the possibility of chairing the implementation of registered units project chaired;
certificate) to coordinate project implementation;
e) documents that were completed on time the settlement proposals, the project has used the State budget has been the Ministry of science and technology Affairs implemented (if any);
g) documents proving the ability to mobilize capital from other sources (where project funding needs mobilized from other sources in addition to the funds of the program).
2. The records include 1 original and 11 copies.
3. The record must be sealed and clearly outside the information related to the registration unit chaired and registration project.
4. Before the date of expiry of the filing, registration unit chaired the project profile rights have changed, new profile, add or modify the profile already filed. Any modifications, additions must be filed within the time limit and the constituent parts of the profile.
Article 11. Where filing 1. For the project by the Central Administration, the records are submitted to the INTELLECTUAL PROPERTY Bureau (Office development support program intellectual property) 386 Nguyen Trai, Thanh Xuan district, Ha Noi.
2. For projects authorized by the Central Government for local management, records are submitted to the Department of science and technology.
3. The record must be filed in a timely manner as prescribed by the Ministry of science and technology or science and technology. Receipt is counted as day marked the arrival of the post office (mail) or bookmark "to" clerical receiver's profile (cases filed directly).
Article 12. Receiving Office records the program supports the development of intellectual property (hereinafter called "the Office ' program ') and the Department of science and technology in local receiving records and numbering the receipt by signing the code project and the order received form B4 accompanied this circular and send unit for filing.
Article 13. Open the profile 1. The intellectual property Department and the Department of science and technology held open public records. Represents the unit of filing registered chaired the project and other relevant individuals are invited to attend.
Open the profile results must be recorded into the minutes form B5 with this circular.
Documentation on file was stamped confirmation of intellectual property Bureau or the Department of science and technology.
2. The records are considered valid if: a the registration unit) host of the project and the project to meet the requirements specified in article 2 of this circular;
b) project outlined in the project's profile in the directory of the project be approved and published according to the provisions of article 6 and article 7 of this circular;
c) meet all the requirements in the profile as specified in article 10 and is filed under the provisions of article 11 of this circular.
Article 14. Professional Council 1. The evaluation profile to recruit units project chaired by the Council of professional conduct: a) to the central project management: Professional Board by the Minister of science and technology establishment, from 9 to 11 members, including two critically with the following structure Max:-1/3 is represented by the Ministry of science and technology;

-At least 2/3 is representative of the units of the Ministry, the agency coordinated the programme have expertise relevant to the areas of the project; scientists, experts in the field of project and representatives of the unit, the individual has the ability to benefit from the project.
b) for projects authorized by the Central Government for local management: Expert Council by the Chair of the provincial people's Committee established or delegated to the Director of the Department of science and technology establishment, available from 7 to 11 members, including 11 Commissioners review, with the maximum structure 1/3 is represented by the Department of science and technology and at least 2/ 3 is representative of the unit, the relevant experts.
2. the registration unit representative chaired and personal register project; units and individuals registered to coordinate project implementation is not involved Professional Council for review, a review of records filed by themselves.
Article 15. Reviews of records 1. The reviews are conducted by giving points for each of the criteria specified in article 3 and article 4 of this circular. Maximum score for a profile is 100, divided according to the following criteria: a) the criteria for consistency, cover and typical of the project: the maximum 15 points;
b) criteria for the feasibility of the project: the maximum 50 points;
c) criteria for the effectiveness of the project: Max 35 points.
2. The content of the criteria and the corresponding rating points levels specified in model B6 attached to this circular.
Article 16. Expert Council meeting 1. Professional Council held meetings when at least 2/3 of the members are present, including the Chairman or Deputy Chairman and at least one member of the review. The case of the remaining review Commissioner absent must send review comments in writing to the Council.
2. The Council heard the comments received, the assessment of the Commissioner of review, the comments of the other members, propose amendments and supplements needed on the content or the points to note and to proceed to the Vote on point reviews for each profile.
3. The members of the Board are responsible for research, analysis, comment, reviews each profile and to the point according to the criteria and in the form stipulated in article 15 of this circular.
4. The Secretary of the Board is responsible for checking and record-setting tally reviews under model B7 attached to this circular for each profile, and send the resulting report reviews the records for the intellectual property Bureau or the Department of science and technology.
Article 17. Complete registration profile intellectual property Bureau or the Department of science and technology required local registered units project chaired to amend, Supplement, complete registration profile to meet the conditions specified in points a, b, c paragraph 1 Article 18 of this circular according to the recommendations of the Professional Council.
Article 18. Unit selection conditions chaired the project 1. The selected unit chaired the project if it meets the following conditions: a) records are evaluated with an average total score must reach a minimum of 70 points, in which the average number of points about the feasibility must reach a minimum of 40 points and averaged a score of effectiveness must reach a minimum of 25 points.
b) records are reviews with an average of the highest score among the registered profile chaired the project.
c) case for a project has many records are evaluated with the same average total score then choose profile according to the order of precedence for the record are evaluated with the average number of points about the feasibility and the (then) about the effectiveness of the project;
d) records are modified, added, finishing at the request of the Bureau of intellectual property or the Department of science and technology of local regulation in article 17 of this circular.
2. where only one registered host records made was filed with respect to a project, the selection of the evaluation, the unit hosted the project still are conducted according to the criteria and procedures provided for in article 15 and article 16 of this circular.
Article 19. Additional selection and selection unit chaired the project 1. The intellectual property Department and the Department of science and technology have the responsibility to continue the local organizing additional selection for the project have not recruited are unit chaired the first implementation. Additional selection procedures are organized according to the rules of selection in this circular.
2. for a number of projects by the central point of management, project implementation of the urgent tasks in the program, the project has the particularity that requires deep expertise on intellectual or other specialized fields that cannot be selected to be host units according to the method prescribed in article 16 and paragraph 1 of this article Intellectual property Bureau, may review, the Minister of science and technology selection the unit has the expertise to meet conditions chaired the project according to the provisions in clause 1 article 4 this circular to directly make the unit.
Article 20. Evaluation of estimation of funding 1. The evaluation of cost estimation of the project evaluation by the Board of estimate the expense.
a) estimation evaluation Council funding for the central project management and estimating funding support from State budget sources at central for the projects authorized by the central management by the local Minister of the science and technology establishment, available from 7 to 10 members with the Ministry of finance representative The Ministry of science and technology (financial planning, Department of intellectual property) and/or other financial experts.
b) estimation evaluation Council funding is not in the support section from State budget sources at central for the projects authorized by the central management by the local Chairman of the provincial people's Committee or a Committee established for the Director of Department of science and technology established.
2. Authority estimates the funding meeting organizer when at least 2/3 of the members are present, including the Chairman or Deputy Chairman of the Council.
Article 21. Coordination evaluation of estimation of funding authorized by the central project for local management of the Council provided for in article 20 paragraph 1 is responsible for coordinating the evaluation of cost estimation of the project to ensure that the ratio of support from the State budget in local and Central Government according to the provisions in circular financial management guide for the program due to The Ministry of finance and the Ministry of science and technology.
Article 22. Approval of the selection results, select 1. Bureau of intellectual selection results reporting, selection unit chaired the central project management directly and report the assessment results estimation of funding support from science and technology budget sources at central for authorized central projects for local management of the Minister of science and technology.
2. Department of science and technology results reporting local selection, selection unit chaired the central project authorization for local management of the provincial people's Committee Chairman, the city approved centrally.
Article 23. Publication of results of selection, selection 1. Results of selection, selection unit chaired the project after the Minister of science and technology or the Chairman of the provincial people's Committee, the city approved centrally will be announced for the unit, the individual concerned and are published in the journal Science and development Business Forum newspaper, the website of the Ministry of science and technology, intellectual property Department, the program (for the central project management), and radio stations, local newspapers (for authorization by the central project for local management).
2. content announced includes: the name of the project; Summary of the objective; expected product (results) of the project; information about the host units made, personal project; funding and project implementation period.
Chapter III PROJECT MANAGEMENT article 24. Contract project management authorization 1. On the basis of the decision of the Minister of science and technology approved funding support from science and technology budget in Central for the authorization by the central project for local management, intellectual property Bureau contracted authorized project manager with the Department of science and technology.
2. the authorization contract project management of legal bases is to bind the rights and obligations between the intellectual property Department with the Department of science and technology on the local management of the project by local authorized for central management.
Article 25. Contract Affairs chaired the project 1. On the basis of the results of selection, selection unit chaired the project was Minister of science and technology and the provincial people's Committee, approved by the city, the intellectual property Bureau or the Department of science and technology signed local Affairs chaired the project with selected unit Select chaired the project, in which intellectual property Bureau or the Department of science and technology is the assigning Party, local units are selected, choose the hosted project is the Party.
2. delivery contracts chaired the project is legal base to binding rights and obligations between the intellectual property Bureau or the Department of science and technology with local units project chaired.
Article 26. Responsible for project implementation 1. The unit was given the chairmanship of the project is responsible for the organization implementing the project and the efficient use of funding granted under the contract delivery chaired the project has concluded.
2. the assigned unit chaired the project has the right to sign a contract assigning, renting with securities units, other individuals to perform the work in the project content has been delivered presided the fit project approved.
Article 27. Check, monitoring the implementation of the project 1. Intellectual property Bureau, Department of science and technology have the responsibility to organize local checks, reviews periodically or irregularly the implementation and use of the project management authority.
2. the host unit of the project is responsible for preparing and delivering a full range of information related to projects being implemented under the model B8 and B9 attached to this circular and create favorable conditions for the inspection, reviews.
Article 28. Supplement, adjust the project during the project implementation unit, chaired the project may recommend additional or adjust the funding, content, location of the project or change project aims to improve the efficiency of the project.
1. Adjust the investment cost of the project

a) case project funding adjustments increase the State budget to support the project, the intellectual property Bureau or the Department of science and technology is responsible for cooperation with the financial planning or local Department of finance review, the Minister of science and technology or the Chairman of the provincial people's Committee , the city approved centrally.
b) where project funding adjustment does not increase the State budget to support project implementation:-intellectual property Bureau is responsible for aggregate, suggest financial planning review, approve the adjustment of funding for direct central project management;
-Department of science and technology have the responsibility to consider and approve the adjustment of funding for projects authorized by the central to the local management.
2. The additional adjustments, a) additional cases, adjusting the project to alter the results, products of the project, the intellectual property Bureau or the Department of science and technology are responsible for local review, the Minister of science and technology or the Chairman of the provincial people's Committee , the city approved centrally.
b) additional case, adjust the project does not change the results, the product of the project, the intellectual property Bureau or the Department of science and technology of active local review, approval.
3. The additional proposal, adjust the project referred to in paragraphs 1 and 2 of this must be made in writing and be competent authorities consider consistent with the selection process, the selection profile register chaired the project.
Article 29. The extension of the project 1. The unit hosted the project may recommend to the Minister of science and technology or the Chairman of the provincial people's Committee, the central cities of consideration, extend the duration of the project. Intellectual property Bureau or the Department of science and technology of the local responsible for reviewing, appraising the reason please renew and the Minister of science and technology or the Chairman of the provincial people's Committee, the city of centrally reviewed, approved.
2. The project was only considering the extension of duration not more than 2 times and each time not more than 6 months.
Article 30. Reporting regime project implementation 1. The unit was given the chairmanship of the project is responsible for periodically (every 6 months and years) or irregular (at the request of the Bureau of intellectual property, Department of science and technology local) reported the implementation of the project according to the model B8 and B9 attached to this circular.
2. Science and technology have the responsibility to periodically (and annual) reports the implementation of the authorized project manager for the Ministry of science and technology and Chairman of the provincial people's Committee, the central cities.
3. Intellectual property Bureau is responsible for the synthesis report, the implementation of the projects, periodic (and annual) for the Steering Committee and the Minister of science and technology.
Article 31. Test project 1. Trials unit basis chaired the project is responsible for organizing the base test results of the project and reported results of trials for the intellectual property Bureau or the Department of science and technology.
2. official test intellectual Bureau or the Department of science and technology have the responsibility to local organizing official test results done in project management authority and report the results of trials for the Minister of science and technology or the Chairman of the provincial people's Committee , central cities.
3. Order acceptance procedure the results of the project are implemented according to the current rules about reviews trials topics, science and technology projects by the Ministry of science and technology.
Article 32. Exploitation of the results of the project the Bureau of intellectual property, science and technology are responsible for local construction and the Minister of science and technology or the President of the people's Committee of the central cities, approval, use the results of the project under the control of its management on the basis of the proposed order or sentence because the unit chaired the project submitted.
Chapter IV HANDLING VIOLATION COMPLAINTS and denunciations Article 33. Handle violation 1. Officers, staff in the competent State bodies in violation of regulations on the selection and management of the project will be dealt with according to the provisions of Law officers, public servants, law officers and the provisions of the current law.
2. Board members expertise and authority estimates the funding specified in this circular have the behavior reviews lack objectivity, inequity, lack of honesty, breach of the principle of confidentiality of information shall not continue to join the Board and dealt with according to the provisions of the current law.
3. Units, individuals register chaired, coordinated the project declaration information not truthful records falsified results reviews the selection results cancelled and dealt with according to the law regulations.
4. Unit chaired the project violates the contract delivery chaired the project depending on the extent will be handled according to the following form: a) reprimand;
b) warning;
c) suspended implementation of the project;
d) not be enrolling chaired the project in the program;
cost recovery) has been granted.
Article 34. The complaint, report 1. The Organization, individuals have the right to complain, to sue for administrative decisions and acts of administrative authorities, competent organizations concerning the selection, select units project chaired.
2. Citizens have the right to report violations of the law of selection, select units project chaired.
3. Complaints, accusations and complaints, accusations are made according to the provisions of the current law.
Chapter V ENFORCEMENT PROVISIONS Article 35. This circular has the effect after 45 days from the date of signing.
Article 36. In the process of implementation, if any problems arise or difficult problems, suggest the organs, organizations, enterprises reflected promptly in writing to the Ministry of science and technology for consideration, decision.