CIRCULAR Guide made self-reliance mechanisms responsible of the Organization of public science and technology under the Ministry of agriculture and rural development _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _-according to Decree No. 01/2008/ND-CP dated 9 January 2008 of the Government functions, tasks, powers and organizational structure of the Ministry of agriculture and rural development, and Decree No. 75/2009NĐ-CP 10 2009 differed from the Government on the amendment of article 3 of the Decree 1/2008/ND-CP dated 3 January 2008 of the Government functions, tasks, powers and organizational structure of the Ministry of agriculture and rural development;
-Pursuant to Decree No. 115/2005/ND-CP dated September 5th, 2005 by government regulation mechanism of autonomous, responsible of the Organization of public science and technology;
-Pursuant to Decree No. 96/2010/ND-CP dated 20 September 2010 of the Government regulations on the amendments and supplements to some articles of Decree No. 115/2005/ND-CP of December 5, 2005 the Government's self-reliance mechanisms responsible of the Organization of science and technology established and Decree No. 80/2007/ND-CP DATED May 19, 2007 of the Government about the business Science and technology.
-Pursuant to Decree No. 103/2006/ND-CP of September 22, 2006 by the Government on the regulation details, guide the implementation of some articles of the law on intellectual property rights for plant varieties;
-Pursuant to Decree No. 131/2006/ND-CP dated 9 November 2006, the Government issued a regulation on the management and use of official development assistance resources;
-Pursuant to Decree No. 93/2009/ND-CP on May 22, 2009 the Government issued regulations and use foreign non-governmental aid;
The Ministry of agriculture and rural development, the guide details the implementation of self-reliance mechanisms responsible of the Organization of science and technology set up under the Ministry of agriculture and rural development as follows: chapter I GENERAL PROVISIONS article 1. Scope 1. About the work of the Organization and staff, this circular the provisions with respect to the establishment, merger, dissolution of organizations affiliated to the science and Technology Organization (KH & CN); the appointment, appointment, resignation and dismissal of organizational leadership KH CN management; &, use of public servants, workers in organizations KH & CN.
2. financial management and management of KH & CN, this circular stipulates for the task of KH funding use CN & scientific career from the State budget and other funding sources have properties such as the State budget, which includes official development assistance (ODA) and capital from the non-governmental organization (NGO) by the Ministry of agriculture and rural development, governance LY.
Article 2. Application object 1. This circular applies to the institutions of public INDUSTRIAL & KH agriculture and rural development, including: The Special ranking Institute (Vietnam agriculture Science Institute, Institute of irrigation science Vietnam), the Institution/laboratory/Center key has legal personality according to institute regulations special ranking , the Institution directly, the centers, subdivisions of the Institute/Center for members of the Institute and the Institute ranked directly by the Minister of agriculture and rural development decided to establish.
2. In addition to the object specified in paragraph 1 of this article, the Organization, the other individual (subordinate or not affiliated to the Ministry of agriculture and rural development) tasked by the Ministry of agriculture SUN & KH and rural development are directly applicable to the management of content in chapter III of this circular.
Chapter II ORGANIZATION and article 4. About the Organization 1. Level would decide to establish the organization unit in the CN, KH & held KH & it then competent INDUSTRIAL arrangements, merging, dissolving the organization unit in the CN, KH & held KH & CN.
2. Organize the KH is to decide the CN & formed new units if unit that completely self assured about funding activities, assets, facilities, staffing, physical facilities and decide the arrangements, merging, dissolving the organization unit KH-INDUSTRIAL establishment self &. KH Organization heads & CN reported The opinion if the establishment of the new units have the other elements with this regulation.
3. The order of establishment, reorganization, dissolution KH Organization CN made & pursuant to Decree No. 83/2006/ND-CP of August 17, 2006 the Government of the order and procedure for establishment, dissolution, reorganization of administrative organization, held the State career.
Article 5. About the appointed officers 1. The Minister of agriculture and rural development decided to appoint, appointed again, resignation, dismissal, maneuver, rotation and retired Director, Vice Director of the Institute of special rank; Director, laboratory director of point/Center Director Institute of special rank; Director, Deputy Director of the Institute of the Ministry of agriculture and rural development;
2. the Director of the special ranking power of appointment, appointment, resignation, dismissal, maneuver, rotation and retired the title from Chief (0.9 allowance levels back down) and Deputy Director/Deputy Director of the key laboratory, Deputy Director of the Center and Institute responsible for that decision;
3. Minister Ministry of agriculture and rural development: a) the proposed personnel and the Ministry of agriculture and rural development decided to appoint, appointed again, resignation, dismissal, maneuver, rotation and retired Deputy Director;
b) appointing, appointing, for resignation, dismissal, maneuver, rotation and retired Chief level, deputies of the subdivisions of the Institute and is responsible for that decision.
4. Director/Director of the key laboratory/Center Director Institute rated Special: a) the proposed personnel and the special ranking Institute decided to appoint, appointed again, resignation, dismissal, maneuver, rotation and retired Deputy Director/Deputy Director;
b) appointing, appointing, for resignation, dismissal, maneuver, rotation and retired Chief level, deputies of the subdivisions and take responsibility for that decision.
5. The order and conditions of appointment, appointment, resignation, resignation and made according to the regulations of the Ministry of agriculture and rural development and the rules of the party and State officials and institutions.
Article 6. On management, use of public servants, workers in organizing KH & CN 1. The identification of the object is public servants in KH organization made public the CN & as defined in article 11, Decree 06/2010/ND-CP dated 25 January 2010 in of government regulation who is the servant and the writing guide;
2. The Heads of the CN is entitled Organization of the KH & contracted to hire domestic and foreign experts to perform the duties of the unit, including Dean of the science and Technology Mission of the unit, the head of the expert team;
3. The other relevant content, not specified in this circular shall apply according to the decision No. 3281/QD-BNN-SCIENCE and TECHNOLOGY, October 24, 2008 by the Minister of agriculture and rural development on the SCIENCE and TECHNOLOGY institutions public affairs directly under the Ministry of agriculture and rural development made the mechanism of autonomy responsibility, under Decree No. 115/2005/ND-CP of September 2005 by the Government.
Chapter III FINANCIAL MANAGEMENT the MISSION SCIENCE TECH article 7. Construction estimation 1. The task of the CN must be & KH estimating funding under the form of reunification by the Ministry of agriculture and rural development, including the estimation of the duties must be established by CN, KH & each job content and classified into 2 types: equity funding and non-funding securities genus;
2. content spend to perform the task of KH CN applied & according the provisions of circular No. 44/2007/TTLT-BTC-BKHCN on May 7, 2007 of the Ministry of finance, Ministry of science and technology on building norms and allocate funding for the estimation of the , science and technology projects that use the State budget (hereinafter referred to as the circular 44);
3. the costs to implement the Mission of applied INDUSTRIAL & CUST costs specified in circular No. 44 and the norms stipulated in the decision by the Ministry of agriculture and rural development, including:-decision 166/QD-BNN-TC on 14 January 2008 regulation on the work of operational governance KH domains the CN decision;-& 2284/QD-BNN-SCIENCE and TECHNOLOGY, August 13, 08 2009 on the economic level of the temporary construction engineering cost estimation for the KH project in the field of veterinary medicine CN & using funds from the State budget;
-2389/QD-BNN decision-SCIENCE 08/26 2009 on the economic level of the temporary construction engineering cost estimation for the KH project in the field of INDUSTRIAL livestock & using funds from the State budget;
-1345/QD-BNN decision-SCIENCE and TECHNOLOGY on May 11, 2009 on the economic level of the temporary construction engineering cost estimation for the KH project in the field of mechanical and electrical INDUSTRIAL & agriculture and post-harvest technology using funding from the State budget.
4. With regard to the fields not available the system norms to be issued by the authorized, Ministry of agriculture and rural development to encourage the organizations of the KH level of construction the CN & temporarily, The approval process as the basis of construction estimating and make securities genus;
5. The unit cost calculated estimation, beyond the application of the norm and the unit cost in the circular of the Ministry, uniting a number of costs as follows: a) unit cost labour:-labour techniques calculated the maximum wage and the account must contribute according to the salary of scientific officer in the 1st tier than the average wage of the scientific officer , with coefficients is 3.33. The technical labor only for the number of contract workers participated in the subject, project. For the scientific personnel in the staffing of the institutions paid, KH & must make if the INDUSTRIAL work of the subject, external project now counts the hours as required;
-For the labourer, heads the Organization hosted and chaired the subject, project base market price in each area fits with the time estimate to determine the maximum spending, with 80% of the engineering;

-For the job to hire experts in the country apply contract form from time to time made under the provisions of circular No. 18/2010/TT-BLDTBXH dated 10 June 2010 of the Ministry of labor, invalids and Social Affairs regulating salaries for domestic consultants make package and application forms from time to time in capital projects State;
-Cases need to hire foreign experts shall be based on the required tasks and possibilities of funding, unit heads presided over the subject, project and personally presided over the subject, the project decided to contract the actual spending agreement with experts to ensure quality and effectiveness.
b) apply the "form":-the concept of "thematic" and costs for specialized follow circular 44-01 spending are part of professional stock hire (public money), do not cover the expenses for supplies made of experiments-presiding subject, responsible for project implementation issues , including: building outline, assigned the task, the content of contracts, liquidation and thematic funding settlement.
-Content of the task base KH & CN, unit heads chaired the task of appraisal and approval number, kind and thematic funding for the Mission in the thematic level; Science, technology and environment evaluation of the quantity and the type "", Financial Services funding evaluation "" for the subject, project and order CN, KH & Ministry approval.
c) for other types of supplies, materials, tools, instruments are priced by the competent authority issued the price is the basis for estimating; For other types of supplies, materials, tools and instruments do not have reviews by the Agency has the authority to enact the heads of organizations and chaired the subject, Project bases the market price at the time of the estimate to determine the unit price.
6. Union estimation, the delegation to the Conference, workshop, follow the instructions in the circular of Ministry of Finance: circular No. 91/2004/TT-BTC dated 18 October 2005 regulating the working mode for public servants short term travel abroad due to State budget funding secured , Circular No. 01/2009/TT-BTC on 06 January 2010 in the spending mode regulation welcomes overseas work in Vietnam, spent organizing the Conference, International Conference in Vietnam and domestic living genera and 97/2009/TT-BTC on 06 July 2010 regulatory fee work mode genus mode, organize conferences for State agencies and business units. On the basis of due diligence, confirm the content group, the delegation of the Ministry of agriculture and rural development, unit heads according to the hierarchy of the Minister of agriculture and rural development to implement, make sure not to exceed the ceiling approved by the corresponding content in presentation topics , project.
7. Content of the genus was given the Securities and securities not assigned the genus was given the content and delivery of securities is not done according to circular No. 93/2006/TTLT/BTC-BKHCN on 04 October 2006 of the Ministry of finance, Ministry of science and technology stock funds mode Guide by subject, science and technology projects using the State budget (hereinafter referred to as the circular 93). 8. The content, the level of spending provisions in this is the base of building cost estimation made subject, project. Cost estimation and allocation of funding is the Ministry of agriculture and rural development approved is up has to make the subject, project.
Article 8. Evaluation and approval of the demonstration, expected 1. KH task list was created every year and CN & Ministers for approval before 30/8.
2. for the duties the KH level, CN & Director science technology and environment, in collaboration with the Director of the financial evaluation and approval of the overall presentation and estimation of tasks before 30/11;
3. With regard to SCIENCE and TECHNOLOGY mission, after the Ministry of agriculture and rural development approved the list, heads the organizations/institutions as INDUSTRIAL & KH Heart Institute rated special, the Institution directly to organize the evaluation and approval of the overall presentation and the latest estimation after January 1st, from the date The approved categories.
4. The evaluation and approval of the demonstration, the estimation is done according to the instructions in the current text of the Ministry of agriculture and rural development.
Article 9. Use of the subject, project 1. SCIENCE and TECHNOLOGY Organization heads directing the financial management Department of the unit performing control procedures, cost payment has been approved (content, items); last year are collated with the State Treasury, use confirmed funding.
2. Pursuant to the regulations, heads of unit and project/project done right authority on procurement of materials, tools, instruments, devices property (shopping, tender). For the international cooperation in the subject, the project is approved, a private settlement estimation and aggregated into the estimate, settlement of the funded project.
3. About the use of stock funds: a) with regard to the content of the genus was given the stock project, the project is actively applying higher spending or lower levels of regulation depending on the quality, efficiency and in accordance with the regulations of the Agency's internal spending presided;
b) with respect to the content of the genus stock not assigned: project, project management and expenditure according to the current rules and within the approved estimates.
Article 10. On the adjusted estimation 1. The estimation should be adjusted when there is a change in terms of content, the norm, the unit cost or because of the impact such as natural disasters, disease, ... leads to the estimation of change of content, items, or change the total;
2. where to adjust total time in performing tasks, when the consumer price index due to the General Department of statistics announced the increase from 20% or more compared with the approved estimates time or due to the impact such as natural disasters, disease leads to change Of estimate from 20% or over , Chairman of the Organization and have the report writing process and recommend adjustments of estimates. Unit heads chaired approved The report and the adjusted total for the mission KH & grassroots CN; Science, technology and environment, in collaboration with the financial appraisal, the Ministry approved the adjusted total supply missions.
3. in case of not adjusting the total, the adjusted estimation of specific implementation details are as follows: a) for the expense of stock delivered within total funds allocated securities, on the basis of the proposal of the project, the project heads presided was right to decide to adjust the estimation part of funding between the genus content on demand the reality of the job.
b) for the expense of stock not assigned: in case of need, the owner and the organization is proactively adjusted estimation of funding between the content of the genus with adjustable up to 10%. Cases adjusted from 10% or more just to be done after the approval Agency opinion topics, project;
4. The governing body pursuant to section adjustment has been the Ministry of agriculture and rural development approved, General presentation with the previously approved to reviews and overall settlement topics, project.
Article 11. About KH mission settlement & CN and dealt last year balance 1. The settlement project, follow the instructions in circular 93 and regulations topics, KH project by the Ministry of agriculture and INDUSTRIAL & rural development:-for labour: the later settlement profile is labor contracts are full of personal information of the contract , project, project sign was responsible and was the head of the organization chaired the confirmation.
-For "topical": settlement records include: contract (or a task)-outline of estimation, vouchers to pay for the implementation of thematic (package), the text of the test project (or unit heads), processing and finalizing funding chaired the subject , project; documents in dossier must be certified by the organization.
2. The subject, the project must be under an annual budget settlement years. Conditions for payment: (i) be certified by the competent authority or authorized on the results of the content; (ii) adequate records in accordance with circular No. 93.;
3. Organization responsible for instructions, check and approve of the settlement project, the project to sum up on report of the sending unit governing body as defined in the circular 93.;
4. Balance (estimate, advance) of the subject, the project is in duration according to the plan approved, was transferred the following year made, detailed procedures specified in circular 115/2008/TT-BTC on November 18, 2008 by the Ministry of Finance shall guide the handling of last year's budget and set the , report of the annual State budget (hereinafter referred to as the circular 108);
5. for the year ending: task-the case of the time limit ends on September 30, prior to settlement and before 31 December of the same year; special circumstances may suggest the Agency has the authority to review and renewal is processed to allow content transfers and funds have not done then;
-The case of the time limit ends after 30 September and 31 December of the previous year, the time to complete the test in a management level is completed before 31 December and to settlement before Jan. 25 next year to ensure the time limit for handling the balance according to the regulations of the Ministry of finance circular 108 article 12. On the use of funds to save the topic, project 1. Cost saving is the difference between the total approved funding in comparison with the total actual expenditure spent by the subject, the project was approved by the settlement;
2. Cost savings must be organizations reflected in the final report of each subject, project. Organization procedure level basis, financial settlement organization subject, project and determine the number of expense saving before 31 December, set lists, report with the State Treasury and the proposal for withdrawal of funds is identified as number of expense savings.
3. Handle the cost savings:

-Cost savings from the assigned part of the stocks used to reward collective, individuals directly involved in the implementation of the subject project, according to the specific provisions in circular 93. The bonus level is specific to the individual by the individual producers to propose heads presided over the decision.
-Cost savings from non-delivery of securities quoted on the career development fund. Head organization without the submission of the State budget.
Chapter IV MANAGEMENT of SCIENTIFIC and TECHNOLOGICAL TASKS article 13. Use of the subject products, project 1. When building demonstration mission KH & CN, personal organization, the owner must specify the right product recovery, including: type of product, the quantity and quality of each type, time and form of withdrawal. When the demonstration mission was approved by the competent authority, the individual owner is responsible for implementing the content about the product recall.
2. The use of the products of the subject, the project is defined as follows:-If the product is intellectual property, the use of the product is made according to the provisions of the law on intellectual property, technology transfer legislation and other legal provisions involved;
-If the product is physical and is consumed on the market the difference (number of currency after deducting the expenses required, valid) are distributed according to the provisions in circular No. 93.
Article 14. Intellectual property rights 1. The Organization, the individual performing the subject, the project has the intellectual product (crop, livestock breeds, like fisheries, process technology, useful solutions, design, invention, etc.) have the right to register intellectual property rights protection in order to be entitled to the rights and obligations under the provisions of intellectual property Law and the Law enforcement instructions text property intellectual.
2. in case of the subject project, KH & CN have brainchild is the cultivar, invention, technology, useful solutions, industrial designs are the Ministry of agriculture and rural development to recognize but not registered for protection of intellectual property rights, the provisions as follows : a) organization is entitled to transfer, transfer of seed, livestock breeds, like fisheries, invention, technology, useful solutions, design it for the organization or individual that needs under the provisions of the law on technology transfer and a contract agreement between the 2 parties;
b) organizations divide the proceeds so transferred, transfer of intellectual products applicable under article 42 of law and technology transfer.
Article 15. Handle property when the subject, the project ended 1. The disposal of the assets purchased by the funding sources of the subject, the project made under the provisions of circular No. 93.
2. When testing or general topics/settlement project ends, the individual producers and organizations have proposed text with process management asset. Science, technology and Environment coordinated with financial consideration;
3. where the cost of the State budget support or nature organization has filed State budget funds recovered from the test project, technology transfer as stipulated, then the property is formed from the funds of the State budget support in the administration of the organization. The management and use of assets is done according to the current regulations;
4. in case the property purchased by the State budget, the source property is the property of the State; After the subject, project completion, testing and finalizing funding, this property is treated as follows:-If the organization wishing to use the then governing body of the organization chaired the review decided to record steady asset to the Organization;
-Article moved to agencies, units of State wishing to use or lack the standards and norms used by the State property regulations;
-Organize the liquidation or auction to collect money, filed the State budget.
Article 16. Processing sanctions for theses, projects not completed 1. The subject, the project was not completed as the subject, the project in one of the following types: a) suspended in the implementation process according to the decision of the competent authority approval of the subject, the project due to insufficient or incapable of completing the mission;
b) Have evaluated trials results at a level "not reached" at the Board level experience managing subject, project and not be competent management body allows to extend the time taken to complete the result.
2. The handling of the subject, the project was not completed are specified as follows: a) within 15 working days from the date of the text identifying the subject does not fulfill the Agency's competent governance, chaired the subject, project, organization reporting in detail the entire implementation process (active content and use of funds) of title projects; clearly identify the cause (subjective, objective) sent to the State Agency has the authority to approve the project topic. Within 30 working days of receipt of the report of the Chairman of the individuals and organizations, State regulators have the authority to approve the subject, responsible project check, identify the causes leading to the subject is not complete;
b) State administration authority upon inspection, determine the cause of objectivity or subjectivity leading to the subject, the project was not completed to the decision process, specifically the following:-Filed State budget refund the entire cost of the subject, the project has been issued but not used;
-For the expense of the State budget were used, are treated as follows: + case subjective reason: no minimum withdrawal amount is lower than 30% of the cost of the State budget has been used for the subject, the project;
+ The case due to objective causes: the total recovery rate must not exceed 10% of the State budget funding has been used for the subject, the project;
+ Specific recovery Rates because State regulators have the authority to approve the project, subject to review the decision, which the Chairman personally filed pay 70%, the organization filed charged 30%, the organization responsible for currency lodging section of individual producers plus the submission of his pay and filed enough for regulators If the organization does not obtain the part delivered by individual producers shall be responsible for submitting pay instead of the individual owner.
-The time limit for refund within 90 days of the approval of the competent authority the subject, the project has decided about submitting reimbursement funds for the State budget.
-General Organization implementation of the recovery funding to reimburse the State budget on the annual report of the unit sent the governing body level on aggregate to send financial institutions at the same level as specified;
c) with respect to the subject of the test Board authority rating "does not meet" competent authorities:-inform the owner, personal organization about the results "did not meet" and the reason the Council trials has raised.
-Within 2 months from the date the Agency has the authority to announce the results "did not meet", the individual owner if found not satisfactory can explain in writing and the opinion of the Organization in writing.
-Individual cases the owner had a written explanation, the Agency has the authority to review and decide within 30 days from the date of the text explanation.
-When the competent authorities decide on the subject, the project "not reached" in writing, the processing cost recovery as the subject does not complete due to subjective stated above.
Article 17. Management of international cooperation missions of KH & CN 1. For international cooperation missions of KH & CN is the competent authority for approval and for the Organization and implementation of the SUN KH & duty of international cooperation under international treaties and international agreements or are institutions and individuals overseas, the overseas Vietnam support under the form of : financial support, artifacts, providing equipment, technology (machinery and know-how to operate), supplies (goods, plant, just like you and microorganisms), research and development, technical support, provide specialists and training (the task of international cooperation under the agreement, the agreement koặc international commitments about aid) then the individual organizations, the mission is responsible for compliance with the current regulations of the State on the management and use of sources of official development assistance (ODA) and non-governmental foreign aid (Decree 131/2006/ND-CP dated 9 November 2006, the Government issued a regulation on the management and use of official development assistance resources; Decree No. 93/2009/ND-CP on May 22, 2009 the Government issued regulations and use foreign non-governmental aid and circulars implementing the decrees).
2. With regard to international cooperation mission organized by the SUN or personal & KH built under agreement with the partners, heads held KH & CN pursuant to contract with partners approved the demonstration, expected the subject of international cooperation projects, implementing contribute taxes under current rules collaborative content, reporting to the competent authority.
Chapter V IMPLEMENTATION Article 18. Implementation 1. Service personnel to guide the content related to the work of the Organization and staff evaluation and allocation of staffing norms of public servants for the KH organization under the Ministry according to the CN & current rules of the State.
2. Science, technology and the environment guide the content related to the management of science and technology activities, organizations deploy and test the implementation of this circular.
3. Financial Services guide the content relating to financial management, organization, guidance for financial institutions and individuals to host the current regulations of the State.
4. International cooperation guides the content related to the management and use of water resources in addition to the current regulations of the State.
5. The organization of individual server CN, KH & became the subject project, is responsible for implementation of this circular. In the process, if any problem arises, the Unit reports to supplement, modify.
Article 19. Effective enforcement of this circular are enforceable after 45 days from the date of signing.