CIRCULAR guiding the implementation of a number of articles of Decree No. 127/2004/ND-CP dated 31/5/2004 of the Government regulation on sanctioning administrative violations in the activities of science and technology _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to Decree No. 54/2003/ND-CP dated 19/5/2003 of government functions, tasks , powers and organizational structure of the Ministry of science and technology and the Decree No. 28/2004/ND-CP dated 16/01/2004 the Government's amendments and supplements to some articles of Decree No. 54/2003/ND-CP dated 19/5/2003;
Pursuant to Decree No. 127/2004/ND-CP dated 31/5/2004 of the Government regulation on sanctioning administrative violations in the activities of science and technology;
The Ministry of science and technology specific guidelines some content about sanctioning administrative violations in the science and technology activities are as follows: i. GENERAL PROVISIONS 1. Scope this circular apply to administrative violations in scientific and technological activities stipulated in Decree No. 127/2004/ND-CP dated 31/5/2004 of the Government regulation on sanctioning administrative violations in the activities of science and technology (hereinafter abbreviated as Decree 128).
2. Time penalty time sanctioning administrative violations in the activities of science and technology is one year from the date of the administrative offense was made. The offences related to the financing of scientific and technological activities have the time sanctions are two years, consisting of:-fraud to enjoy preferential policies on finance, credit provisions of item 2 article 10 of the decree 127;
 -Violations of the regulations on venture, links, receive financial aid to scientific and technological activities specified in article 18 of the decree 127;
 -Behaviour development funds science and technology contrary to registered content to benefit illegal provisions in paragraph 3 article 19 the decree 127;
 -Acts of misappropriation, not repaid on time without good reason is funding grants from the State budget or source of Funds for science and technology development of the levels prescribed in clause 4 Article 19 the decree 127.
3. Sanctions a) major sanctions prescribed in clause 1 article 6 of decree 127, including: warnings and fines.
The determination of the average of the frame of the fines for the shape is done according to the provisions of article 24 of Decree 135/2003/ND-CP dated November 14, 2003 detailing the implementation of a number of articles of the Ordinance on handling administrative violations in 2002.
 b) additional sanctions: deprived of the right to use have limited time or no time limit for registration certificate in science and technology: is the competent authority to revoke or have no time limit for registration certificate in science and technology (hereinafter referred to as the certificate) in individual cases , certification organization has violated during the operation, made no proper content, requirements stated in the certificate. The Duke the right to use the certificate can be the whole of the scientific and technological activities stated in the certificate, or just for a field of activity that violates. Personally, the Organization was stripped of the right to use the certificate in field operations would not be conducting scientific and technological activities in that field were noted in the certificate.
The Duke the right to use the certificate to be made in the right jurisdiction specified in point b, paragraph 2; point b, paragraph 3; point b paragraph 5 article 21 decree 127.
Authority sanctioning administrative violations only to be deprived of the right to use the certificate if the decree had 127 rules at the Organization, individuals perform acts that breach was stripped of the right to use the certificate. The Duke the right to use the certificate must be written in the decision to sanction. The case deprived of the right to use the term to indicate the deadline in deciding punishment. The sanction decision deprived the right to use the certificate to notify the State Agency of science and technology has certified about the Duke the right to use the certificate.
When expiry stripped the right to use the certificate and personal, the certification organization has implemented in full the regulations, requirements stated in the certificate, the requirements stated in the decision on sanctioning administrative violations, the people were deprived of the right to use the certificate of decision to return the certificate.
II. VIOLATIONS 1. Scientific activity behavior and unethical technology, customs of the nation; damage to natural resources, the environment and human health, do spread the disease, harm, plant; taking advantage of scientific activity to misrepresent the way, party policy, the laws of the State and undermining the great masses to unite the entire population defined in article 7 of the decree 127, including:-scientific research to bring out the unethical products, does not match the identity, customs of the nation;
 – Use the technology to manufacture, test the products for which the law does not allow Vietnam produce;
 -Scientific research, technology development or product research process does not make the provisions of the relevant legislation which cause damage to natural resources, environment or do damage to the production and life.
 -Use science and technology to give the perspective, results, commented falsified or misleading interpretation of objective reality; presenting propaganda, unlawful scientific research results with intentionally bad, deliberately misrepresent policy of the party, the law of the State.
2. The acts appropriating the results of scientific and technological activities specified in article 8 of the decree 127 is the use of results of scientific and technological activities in the ownership of individuals and organizations aims to benefit materially and spiritually for his organization, personal including:-use, statistics, technological processes, information related to the results of scientific and technological activities in the ownership of individuals and organizations in order to benefit materially.
 -Registration, publication of the scientific research work of individuals and organizations without permission of the individual, the organization.
 -Use of scientific research results, data, personal information, other organizations as his results in scientific reports and the scientific literature that does not specify the source, the origin of the results.
 -Use initiative, technical improvement, rationalization of technological processes of individuals and organizations to register for the contest, the prize of science and technology, attended the exhibition.
3. Violations of the conversion, transfer, provide information about the results of scientific and technological activities specified in article 9 of decree 127, including: information on the results of scientific and technological activities as the data, figures, news from the results of scientific and technological activities. The above information is provided in the form of text, sound, graphics, photographs, films, videos or other bodies.
Acts of transfer, transfer the results of scientific and technological activity rules are as follows:-the individual, the Organization of scientific and technological activities that use the State budget, using the assets of individuals and organizations to make science and technology activities and the result shall be entitled to rights under the provisions of the law If there is no agreement in the contract. But if the author arbitrarily transferred the results of scientific and technological activities without the consent of the owner of the result that is contrary to the provisions of the law;

 -The individual, the organization is not the owner of the information science and technology (created by the science and technology research, analysis, testing, consultancy, expertise) but provides information about data, these results without the owners consent;
 -The individual, the organization is the owner of the results of scientific and technological activities but created false information, misrepresent, provide information not true about the results of scientific and technological activities, taking advantage of providing information about the results of scientific and technological activities to infringe the legitimate rights and interests of the individual other organizations.
4. Fraudulent, forged in scientific and technological activities specified in article 10 of the decree 127 is represented as follows:-fake, fraud in the making of records auditioned chaired the task of science and technology, organized scientific missions include : Declaration not honest about the achievements of scientific and technological activity of the registered organization chaired the science and technology mission, about curriculum vitae of the individual registered project, project, about the Organization, individuals register to join coordination, financial ability...;
 -Slander, there are letters of complaints, accusations aren't true to lose the reputation of scientists, of scientific and technological organizations to join a selection of presiding duties in science and technology;
 -Fraud while performing the tasks of science and technology are shown below the form as: dishonest reporting on the progress and results of research; don't make the content of a signed contract but reports have done to get funding, fabricated figures; use the contract, invoices, vouchers, voucher control fake, false signatures for payment of funds granted from the budget but not yet to the level of prejudice criminal liability; fraud in the process, reviews the science and technology mission; fraud in the use of funds granted from the State budget to activities in science and technology;
In case of violation of the provisions of article 10 to the extent it is necessary to cancel the decision approving the selection of results after a decision fining, sanctioning authority have suggested text scientific administration and competent technology review, the decision to cancel the recruitment decision is related to the violation.
5. Violations of the rules of secrecy in science and technology activities stipulated in article 11 of the decree 127: secret documents in scientific and technological activities include: data, results of scientific and technological activities, materials science and technology, research specimens , inventions, utility solutions has content in State secrets.
Inventions, utility solutions has content in the State secret is:-invention, useful, meaningful solution is particularly important for the development of science and technology, economy and society have not yet published;
 -Inventions, utility solutions have to apply at the Bureau of intellectual property related to security, Defense has not yet announced or competent bodies not for publication;
 -Inventions, utility solutions has the applicant registered at the intellectual property Department has not yet announced.
The dissemination, publication, circulation of the inventions, utility solutions, materials science and technology, research specimens have content in State secrets in the country and abroad are made according to the provisions of the Ordinance on protection of State secrets in 2000 and Decree No. 33/2002/ND-CP dated 28/3/2002 detailing the Government's enforcement of the Ordinance on Privacy protect State secrets.
6. Acts impedes illegal state management activities on Science and technology to the provisions in paragraph 3 article 12 of the decree 127: difficult, evade inspection, check; do not take or lasts, to delay implementing the requirements, recommendations, conclusions and decisions of the State Agency of science and technology, of the Corps of inspectors, inspection.
7. Acts not registered, reports the results of scientific and technological missions have used the State budget prescribed in article 13 of the decree 127: all the results of scientific and technological tasks that use a part or the whole of the expenditure from the State budget , including the program, topics, projects, basic investigative duties have to be registered and stored at the Center for information science and technology as stipulated in Decree No. 159/2004/ND-CP dated 31/8/2004 of the Government regulations on information science and technology. If held, the individual presiding over the mission science and technology do not proceed the registration and deliver results will be sanctioning administrative violations.
8. Violation of the regulations in the activities of the members of the scientific and technological Council of the provisions in article 14 of the decree 127, including:-does not guarantee the principle of democracy, in the Board's activities; violation of the rules on consultation, appraisal, evaluation, selection.
 -Publication, provides information related to the evaluation process, reviews and advice when results have yet to be agreed by the Agency decided to form the Council.
9. Violations of the regulations on the use, dissemination of results of scientific and technological activities specified in article 15 of the decree 127, including:-Organization of scientific and technological activities, individual activities science and technology investments funds science and technology diffusion , advocacy, technology applications, products, new pets, new invasive plants to the environment, health, people's lives, affect national interests, security defense when the competent authority has not yet been verified and allows;
 -Publication of results of basic investigations, surveys, workshops and scientific practices and the results of scientific activity and other technologies with content related to the sensitive issue of the economy and society have not been the owner that results, the competent authority, or the authority presiding over the seminar allowed;
 -Disseminating the results analysis, appraisal, inspection without the consent of the Organization, the individual order.
10. Violation of the regulations on venture, links, receive financial aid to scientific and technological activities specified in article 18 of the decree 127, including:-the individual is active in scientific and technological organizations directly receiving funding, not through your organization's members.
 -Individuals that are active in an organization of science and technology has the subject or be foreign hired made the task of the science and technology is not in the scope of activities of the organization directly manage individual and not the State encourages but does not announce the receipt of funding for the Department of science and technology.
 -Individuals not belonging to the Organization of science and technology would, when held, foreign funding to scientific and technological activities in the field are not the State encourages but does not announce the receipt of funding for the Department of science and technology.
11. Violation of the rules of registration, management and use of Funds for science and technology development and State budget for science and technology activities specified in article 19 of decree 127.
 a) acts non-registered activities of the Foundation for science and technology development in article 19 paragraph 1 127 Decree includes the following cases:-the Fund for science and technology development of ministries, ministerial agencies, government agencies (hereafter referred to as the Ministry), the Foundation for science and technology development in the , central cities (hereafter referred to as the provincial level) is not registered in the Registry Office of science and technology under the Ministry of science and technology;

 -The Fund for science and technology development of the business but works independently of the business, have full legal personality and fund science and technology development of the Organization, not the individual registration at the Department of science and technology of the central cities, where the establishment of the Fund.
 b) acts of misappropriation, not repaid on time without good reason is funding grants from the State budget or source of Funds for science and technology development of the levels prescribed in clause 4 Article 19 127 Decree include:-the Organization, the individual presiding over the implementation of the science and technology mission has used funding from the State budget or from The Foundation for science and technology development the national level, the Ministry used the wrong funding purposes; misappropriation of funds granted, was funding for scientific and technological activities; receive funding but do not perform the task, or the incorrect implementation of the content has been committed;
 -Not repaid on time the account, the type of recovery (was shown by the commitment in the science and technology contract) when performing tasks of science and technology without good reason.
12. Violation of the rules of the place and donate prizes for science and technology provisions in article 20 the decree 127, including: – taking advantage of the latest and award of science and technology to the advantage of the material;
 -Taking advantage of the latest science and technology awards to give out the prize of the content promotes the scientific study unethical, not suit American manners, domestication of peoples of Vietnam, the awards policy violations, the law of the State.
13. As for the use of funding scientific research and technological development in the wrong purpose, not true to the content of the approved program and use the funding of scientific research and technological development overlaps with other funding sources which cause waste sanctioned under the provisions of Decree No. 84/2006/ND-CP dated 18/9/2006 by the Government about compensation, disciplined, sanctioning administrative violations in the practice of saving, against waste and circular No. 103/2006/TT-BTC dated 31/10/2006 the Ministry of Finance shall guide the sanctioning administrative violations and compensation for damage in the practice of saving, against waste.
III. SANCTIONS PROCEDURE 1. Set the minutes of the administrative offense: according to the provisions of article 50 of the law on the Ombudsman and article 55 Ordinance handling administrative violations in 2002, the following people have the right to establish the minutes of administrative violations in scientific and technological activities:-the Chief Inspector of the Ministry of science and technology;
 -The Chief Inspector of the Department of science and technology;
 -Specialized inspectors in science and technology;
 -Chief Inspector Group specialized in science and technology.
The case of people who do not have the jurisdiction to sanction administrative infringement thereon set then after setting the minutes to transfer records to the authority sanction decision.
2. With regard to the minutes of administrative inspectors specialized science and technology establishment and decide to sanction administrative violations by the inspectors shall sign the seal of inspection agencies inspectors management. The seal of the inspection organization are close at left corner, above the record at location inspection agency name, number and the symbol text.
IV. COORDINATION MECHANISM in the process of implementing the management of scientific and technological activities, if the detected violations of the administrative activity in science and technology, the unit is tasked to manage the State of the science and Technology Department of the Ministry of science and technology , ministries, ministerial agencies, government agencies, people's committees of provinces and cities under central notice for inspection of the scientific and technological majors know to timely prevent and handle infringements.
V. IMPLEMENTATION 1. This circular effect after 15 days from the date The report.
2. During the implementation process, if there are difficulties and obstacles to timely reflect the recommendation of the Ministry of science and technology to research, resolve./.