Chương IV Luật Khoa học và công nghệ 2013: Xác định, tổ chức thực hiện nhiệm vụ khoa học và công nghệ

Chapter IV

DETERMINATION, ORGANIZATION OF IMPLEMENTATION OF SCIENCE AND TECHNOLOGY TASKS

Section 1. DETERMINATION OF SCIENCE AND TECHNOLOGY TASKS

Article 25. Science and technology tasks

1. Science and technology tasks are organized in the form of programs, topics, projects and research tasks according to functions of scientific and technological organizations and other forms.

2. Science and technology tasks using the State budget are composed of science and technology tasks at national, ministerial, provincial and grassroots levels as prescribed in Article 27 hereof.

 Science and technology tasks at national, ministerial and provincial levels must be implemented in the form of order placement.

3. The State shall encourage and create favorable conditions for organizations, individuals to propose scientific ideas and science and technology tasks.

The Government shall define criteria for determination of science and technology tasks at all levels in accordance with each development period and the areas of science and technology; measures to encourage proposals for scientific ideas, science and technology tasks;

Article 26. Proposals for science and technology tasks

1. Making proposals for science and technology tasks using state budget are prescribed as follows:

Agencies, organizations, and individuals shall send proposals for science and technology tasks to ministries, ministerial-level agencies, Governmental agencies, People’s committees of provinces and central agencies in accordance with industries, areas and administrative divisions for compilation.

Ministries, ministerial-level agencies, Governmental agencies, People’s committees of provinces and central agencies shall organize collection of suggestions on determination of science and technology tasks and make public announcement of order placement corresponding to their own levels and send proposals for order placement for science and technology tasks at national level to the Ministry of Science and Technology;

b) The Ministry of Science and Technology shall be responsible for compiling proposals for order placement, organizing collection of suggestions on science and technology tasks at national level and making public announcement;

c) The Minister of Science and Technology, on its own or at the request of the Government, the Prime Minister, shall propose order placement for urgent science and technology tasks at national level that have significant impacts on socio-economic development of the country, national defense and security; organize collection of suggestions on these tasks;

d) Collection of suggestions on determination of science and technology tasks shall be carried out through the Consulting Council.

The Consulting Council and its powers are established and defined respectively by heads of competent agencies, organizations Components of the Consulting Council comprise reputable scientists, managers and entrepreneurs. In case of need, heads of competent agencies, organizations are entitled to collect suggestions from independent consultants before or after the Council meeting. Members of the Council and independent consultants shall be responsible for their consultancy.

2. Making proposals for science and technology tasks without the use of state budget may refer to Clause 1, this Article.

3. The Minister of Science and Technology shall detail this Article.

Article 27. Authority for approval and execution of contract for implementation of science and technology tasks

1. Authority for approval of science and technology tasks is prescribed as follows:

Based on the strategy, plan for socio-economic development and national strategy for scientific and technological development, the Ministry of Science and Technology shall grant approval for the guidelines, targets and tasks of science and technology in a five-year period and annual national science and technology tasks;

b) Ministries, ministerial-level agencies, Governmental agencies, central agencies and People’s committees of provinces shall be responsible for granting approval science and technology tasks at ministerial and provincial levels;

c) Organizations, individuals not prescribed in Points a and b, this Clause shall grant approval of science and technology tasks at grassroots level by themselves or make submission to competent agencies for approval as prescribed.

2. Authority for execution of a contract for implementation of science and technology tasks with organizations, individuals is prescribed as follows:

The Ministry of Science and Technology shall sign contracts for implementation of science and technology tasks at national level;

b) Ministries, ministerial-level agencies, Governmental agencies, central agencies and People’s committees of provinces shall sign contracts for implementation of science and technology tasks at ministerial and provincial levels;

c) Organizations, individuals as prescribed in Point c, Clause 1, this Article shall sign contracts for implementation of science and technology tasks at grassroots level.

3. Ministries, ministerial-level agencies, Governmental agencies, central agencies and People’s committees of provinces shall be responsible for making reports on approval and execution of contracts to the Ministry of Science and Technology for compilation and putting in national science and technology database.

Section 2. MANNERS OF IMPLEMENTATION OF SCIENCE AND TECHNOLOGY TASKS

Article 28. Manners of implementation of science and technology tasks

1. Science and technology tasks using state budget shall be assigned in the manner of selection, direct assignment, consideration of state-funded sponsorship in the areas of science and technology;

2. Science and technology tasks without the use of state budget may be implemented according to the manner as prescribed in Clause 1, this Article or other methods selected by organizations, individuals.

Article 29. Selection of organizations, individuals for implementation of state-funded science and technology tasks

1. Selection for implementation of science and technology tasks using state budget is to determine organizations, individuals implementing science and technology tasks and to ensure competitiveness, fairness and efficiency.

2. Science and technology tasks involving multiple organizations, individuals should be assigned in the manner of selection in order to achieve maximum efficiency.

3. State administration agencies for science and technology at all levels should make public announcement of the list of science and technology tasks, requirements and procedures on participation for selection on their websites or other means of mass media;

4. Selection of organizations, individuals for the implementation of science and technology tasks should ensure public disclosure, fairness, democracy and objectivity; results of selection shall be made public on the websites or other means of mass media.

5. Heads of state administration agencies for science and technology at all levels shall establish the council for the selection of organizations, individuals for the implementation of science and technology tasks and define duties and authority of this Council.

The Council and its authority shall be established and defined respectively by heads of state administration agencies for science and technology at all levels. The Council shall provide consultancy and be responsible for its consultancy. Components of the Council comprise reputable and qualified scientists, managers and entrepreneurs. Members of the Council should have capacity, personal morality and professional competence in accordance with science and technology tasks and be responsible for their own consultancy.

6. Heads of state administration agencies for science and technology at all levels shall be responsible to the law for selecting organizations, individuals for the implementation of science and technology tasks after receiving consultancy from the Council. In case of need, heads of State administration agencies for science and technology at all levels may collect more suggestions from independent consultants before making decisions.

7. The Minister of Science and Technology shall detail the selection of organizations, individuals for the implementation of science and technology tasks.

Article 30. State-funded science and technology tasks directly assigned

1. The State shall directly assign organizations, individuals to implement science and technology tasks for one of following cases:

Science and technology tasks of national secrets, having special characteristics for serving National defense and security;

b) Irregular science and technology tasks;

c) Science and technology tasks which only one scientific and technological organization is suitably qualified to perform.

2. Heads of state administration agencies have the authority to make decisions on the assignment of science and technology tasks as prescribed in this Article after collecting suggestions from the Consulting Council and shall be responsible for such assignment. Organizations, individuals tasked with presiding over the tasks should have adequate appropriate capacity, conditions and professional competence.

In case of need, heads of state administration agencies may collect more suggestions from independent consultants before making decisions.

3. The Government shall detail this Article.

Article 31. Science and technology tasks sponsored, loaned or guaranteed by science and technology funds

Organizations, individuals are entitled to make proposals for science and technology tasks to funds for scientific and technological development, funds for technological innovation, funds for venture hi-tech investment and other fees in the areas of science and technology for sponsorship, loans, loan guarantees according to Charter of organization and operation of the funds.

Article 32. Forming associations for determination and implementation of science and technology tasks

1. The state shall encourage and create favorable conditions for scientific and technological organizations, scientists to associate with other enterprises and organizations for determination and implementation of science and technology tasks serving requirements for innovation and enhancement of technological levels, productivity, quality and competitiveness of products, goods.

2. Financial assistance from the State for the implementation of science and technology tasks as prescribed in Clause 1, this Article is prescribed as follows:

30% of the capital investment for projects owned by businesses that apply findings from science and technology tasks for creation of new products or enhancement of productivity, quality and competitiveness of products from the findings from science and technology tasks; 50% of the capital investment for projects carried out in difficult or extremely difficult socio-economic areas;

b) 50% of the capital investment for projects on implementation of national-level science and technology tasks of priority and national importance;

3. The Government shall detail conditions, manners, sequence, procedures and state subsidy level for science and technology tasks as prescribed in this Article;

Section 3. SCIENCE AND TECHNOLOGY CONTRACT

Article 33. Classification of science and technology contracts

1. Science and technology tasks, scientific and technological service activities shall be carried out through a science and technology contract.

2. Types of science and technology contracts:

Contract for scientific research and technological development;

b) Contract for technology transfers;

c) Contract for scientific and technological services;

3. The Minister of Science and Technology shall prescribe forms of the contracts as prescribed in Point a, Clause 2, this Article.

Article 34. Rights and obligations of buyer under contract for scientific research and technological development

1. The buyer under the contract for scientific research and technological development shall have following rights:

Be the owner of findings from scientific research and technological development unless otherwise as regulated in the contract;

b) Organize transfer of ownership or right of use of findings from scientific research and technological development;

2. The buyer under the contract for scientific research and technological development shall have following obligations:

Provide necessary information for the execution of the contract;

b) Organize acceptance testing for performance of order placement duties;

c) Receive and develop application or transfer of research findings after acceptance;

d) Make payments to the buyer according to the contract.

Article 35. Rights and obligations of seller (party that receives order placement) under contract for scientific research and technological development

1. The seller under the contract for scientific research and technological development shall have following rights:

Be entitled to the copyright on the findings from scientific research and technological development;

b) Request the buyer to provide information and other necessary conditions as agreed in the contract for the implementation of the contract;

c) Receive payment from the buyer for the implementation of the contract;

2. The seller under the contract for scientific research and technological development shall have following obligations:

b) Hand over research findings, transfer the product as agreed in the contract;

b) Keep confidential for findings from scientific research and technological development as agreed;

c) Do not transfer findings from scientific research and technological development to others without consent of the buyer;

Article 36. Settlement of disputes in science and technology contracts

1. The breaching party shall make compensations for damage caused and be subject to handling according to laws;

2. Disputes under science and technology contracts shall be settled first on the principle of reconciliation, direct negotiation between the parties. If the disputes cannot be settled by the two parties, such disputes shall be brought to court the arbitrator or court for final settlement.

Section 4. ASSESSMENT, ACCEPTANCE, REGISTRATION AND STORAGE OF FINDINGS FROM SCIENCE AND TECHNOLOGY TASKS

Section 37. Assessment and acceptance of findings from science and technology tasks

1. State-funded science and technology tasks, upon completion, should be assessed and test for acceptance by relevant science and technology council in an objective and accurate way. Persons who assign science and technology tasks within competence (the assignor) shall make decisions on acceptance of the findings from science and technology tasks. In case of need, the assignor may collect more suggestions from independent consultants before making decisions on acceptance.

2. Science and technology tasks not using the State budget shall be assessed and tested for acceptance by organizations, individuals themselves. Organizations, individuals may request state administration agencies in localities to carry out assessment and acceptance if they cannot do it themselves.

3. Findings from science and technology tasks not using state budget that affect interests of the country, national defense and security, environment, human lives and health should be assessed by competent state administration agencies for science and technology.

4. Annually, the Ministry of Science and Technology shall make public announcement of the lists of state-funded science and technology tasks being accepted.

5. The Minister of Science and Technology shall define criteria, procedures on assessment and acceptance of findings from science and technology tasks.

Article 38. Special-Purpose Science and Technology Council, independent consultants carrying out assessment and acceptance of findings from science and technology tasks

1. The assignor shall be responsible for establishing Special-Purpose Science and Technology Council or hiring independent consultants to carry out assessment and acceptance of findings from science and technology tasks.

2. Components of Special-Purposed Science and Technology Council comprise scientists, representatives of agencies, organizations making proposals for order placement, agencies, organizations placing orders, suitably qualified managers, and entrepreneurs.

3. Independent consultants should have suitable qualifications and professional competence.

4. The Special-Purpose Science and Technology Council and independent consultants shall carry out assessment and acceptance of findings from science and technology tasks according to purposes, requirements, contents, results and progress stated in the signed contract and bear responsibility to the assignor.

5. Relevant Science and Technology Council and independent consultants shall be responsible for their own assessment.

Article 39. Registration and storage of findings from science and technology tasks

1. Findings from state-funded science and technology tasks should be registered and stored at national agency for science and technology information and competent agencies affiliated to governing ministries, departments and localities.

Findings from science and technology tasks that belong to the lists of national secrets shall be registered and stored in secrecy.

2. Findings from science and technology tasks not using state budget are encouraged to be registered and stored at national agency for science and technology information and competent agencies affiliated to governing ministries, departments and localities.

Article 40. Responsibility for reception and application of findings from science and technology tasks

1. For state-funded science and technology tasks, the ministers, heads of ministerial-level agencies, Governmental agencies, other central state agencies, presidents of People’s committees of provinces, heads of political organizations, socio-political organizations shall be responsible for receiving and organizing application, allocation of budgets and assessment of the application of research findings that they propose order placement or place orders after assessment and acceptance, and make annual reports on results of application to the Ministry of Science and Technology.

2. For science and technology tasks not using state budget, organizations, individuals may request relevant state administration agencies in localities to create favorable conditions for carrying out the application of research findings if they cannot do it by themselves.

3. Competent state agencies shall be responsible for receiving, storing and considering application of the findings from science and technology tasks donated to the State by organizations, individuals.

Section 5. Ownership or copyright on findings from scientific research and technological development

Article 41. Ownership or copyright on findings from scientific research and technological development;

1. Organizations, individuals that provide finance and material and technical bases for the implementation of science and technology tasks shall be owner of findings from scientific research and technological development unless otherwise as regulated in the contract for scientific research and technological development.

2. For findings from state budget-based scientific research and technological development, the representatives of state ownership are prescribed as follows:

The Minister of Science and Technology shall be owner’s representative for findings from science and technology tasks at national level;

b) Ministries, ministerial-level agencies, Governmental agencies, other central state agencies and presidents of People’s committees of provinces shall be owner’s representative for findings from ministerial, provincial or grassroots science and technology tasks they approve;

c) Heads of agencies, organizations not prescribed in Points a and b, this Clause shall be owner’s representative for findings from science and technology tasks they approve.

3. State owner’s representatives as prescribed in Clause 2, this Article are entitled to assign part or whole of the ownership or right of use of findings from state-funded scientific research and technological development according to the Government’s regulations to the organizations that preside over the implementation of science and technology tasks.

4. Exercising rights of ownership, rights of use of findings from state-funded scientific research and technological development as prescribed in Clause 3, this Article shall be prescribed as follows:

a) If being transferred whole or part of the ownership, the organization that presides over the implementation of science and technology tasks shall exercise this right according to laws on intellectual property and laws on technology transfers;

b) If being transferred the right of use, the organization that presides over the implementation of science and technology tasks shall exercise this right according to laws;

5. If the organization that presides over the implementation of science and technology tasks cannot use findings from scientific research and technological development as prescribed in Point b, Clause 4, this Article, the state owner’s representative as prescribed in Clause 2, this Article shall transfer such right to other organizations that are able to use the findings.

6. The Government shall detail sequence, procedures on transferring whole or part of the ownership or right of use of findings from scientific research and technological development as prescribed in this Article.

Article 42. Copyright on findings from scientific research and technological development

Persons who directly implement science and technology tasks shall be author of the findings thereto. The author shall be entitled to the copyright according to this Law and other relevant law provisions;

Article 43. Distribution of profits from use, transfer of right of use, transfer of capital, distribution of capital in the form of research findings

At least 30% of the profits earned from the use, transfer of the right of use, transfer of capital, contribution of capital in the form of findings from state-funded scientific research and technological development shall be dispensed to the author; the remainder shall be dispensed amongst owners, presiding agencies, brokers according to the Government’s regulations.