Chương 3 Nghị định 08/2014/NĐ-CP: Nhiệm vụ khoa học và công nghệ

Chapter 3.

SCIENTIFIC AND TECHNOLOGICAL DUTIES

Article 25. Scientific and technological tasks using central budget

1. The scientific and technological tasks using the central budget is the tasks satisfying the following criteria:

a) Having the importance for the social and economic development, national defense, security nation-wide; the important role in improving the national scientific and technological potential;

b) Settling scientific and technological issues related to sectors, areas and inter-region;

c) Mobilizing national resources, possibly the participation of scientific and technological sectors;

2. The scientific and technological tasks using the central budget include:

a) National scientific and technological program includes: National key scientific and technological program and other national key scientific and technological programs;

b) National scientific scheme;

c) National scientific and technological research;

d) National trial production project;

dd) National scientific and technological project;

e) Scientific and technological research and scientific and technological project under the Protocol;

g) Scientific scheme, scientific and technological research, special scientific and technological project;

h) Scientific and technological research, national potential scientific and technological project;

i) National scientific and technological tasks of special importance to settle the urgent requirement of the nation on security, national defense, natural disaster, epidemics and scientific and technological development;

3. Scientific and technological tasks using the central budget shall be approved and signed contract for implementation by the Minister of Science and Technology, except for the case specified in Clause 4 of this Article;

4. Special scientific and technological tasks shall be approved in the order and procedures as provided for in Article 30 of this Decree.

Article 26. Scientific and technological tasks using the State budget at ministerial level

1. Scientific and technological tasks using the State budget at ministerial level are the ones meeting the following criteria:

a) Having the importance for the development of sectors and areas;

b) Solving the scientific and technological issues within the sectors and areas;

c) Using the non-business funds for science and technology of Ministries and sectors;

2. Scientific and technological tasks using the State budget at ministerial level shall be approved by the Minister, Head of ministerial-level agencies, government-attached agencies and other Central State agencies. These persons also sign contract for task performance. The contents include:

a) Ministerial-level scientific and technological programs;

b) Ministerial-level scientific scheme;

c) Ministerial-level scientific and technological research;

d) Ministerial-level trial production project;

dd) Ministerial-level scientific and technological project;

e) Ministerial-level scientific and technological research and potential scientific and technological project;

Article 27. Scientific and technological tasks using the State budget at provincial-level

1. Scientific and technological tasks using the State budget at ministerial level are the ones meeting the following criteria:

a) Having the importance for the social-economic development within province;

b) Solving the scientific and technological issues within province;

c) Using the non-business funds for science and technology of province;

2. Scientific and technological tasks using the State budget at ministerial level shall be approved by provincial Chairman of People’s Committee and he/she shall sign contract for implementation. The contents include:

a) Provincial-level scientific and technological program;

b) Provincial-level scientific scheme;

c) Provincial-level scientific and technological research;

d) Provincial-level trial production project;

dd) Provincial-level scientific and technological project;

e) Provincial-level scientific and technological research and potential scientific and technological project;

Article 28. Scientific and technological tasks using the State budget at grassroots level

Scientific and technological tasks using the State budget at grassroots level are the ones solving the scientific and technological issues of the grass-roots. The head of grass-roots shall sign contract for implementation. The contents include:

1. Grass-roots level scientific and technological research;

2. Grass-roots level scientific and technological project;

Article 29. Measures to encourage the proposed scientific ideas and scientific and technological tasks

1. The State encourages and creates conditions for all organizations and individuals to propose scientific ideas and scientific and technological tasks. The scientific ideas shall be sent to the management agency of science and technology at all levels.

2. The management agency of science and technology shall receive and evaluate the scientific ideas proposed by the organizations and individuals;

3. Encouraging organizations and individuals to organize contests for scientific ideas;

4. The scientific ideas are chosen through the evaluation of the management agency of science and technology or contests supported and guided by this agency to continue the completion of ideas to become the scientific and technological tasks at all levels under the current regulations;

5. The scientific and technological ideas become the scientific and technological organization tasks approved. The person proposing the ideas shall be given the priority to be the head of tasks or participate in task performance and be commended as provided for by law;

Article 30. Order and procedures for definition and approval for special scientific and technological tasks;

1. Criteria for defining the special scientific and technological tasks

a) Large scale in direct service of national defense, security and strong impact on productivity, quality and competitiveness of national products;

b) Required use of funds outside the annual state budget for scientific and technological tasks at national level

c) Required special mechanism and policy;

2. Authority to approve the special scientific and technological tasks

a) For the special scientific and technological tasks as projects or works of national importance and the investment policies are decided by the National Assembly, the Ministry of Science and Technology shall assume the prime responsibility and coordinate with other agencies concerned to submit them to the Government for submission to the National Assembly as stipulated by the relevant laws;

b) If the special scientific and technological tasks are not subject to the provisions at Point a of this Clause, the Ministry of Science and Technology shall assume the prime responsibility and coordinate with other agencies concerned to submit them to the Prime Minister for decision;

3. Proposed special scientific and technological tasks are defined as follows:

a) Ministries, ministerial-level agencies, government-attached agencies, provincial People's Committee and other agencies of the central government shall propose the special scientific and technological tasks under the form of dossier issued by the Ministry of Science and Technology and send it to the Ministry of Science and Technology;

b) The Ministry of Science and Technology shall summarize and assess the proposed special scientific and technological tasks for submission to the competent state authority for consideration and decision;

Article 31. Scientific and technological tasks using the state budget directly allocated

1. Scientific and technological tasks using the state budget directly allocated are the ones subject to one of the cases specified in Clause 1, Article 30 of the Law on Science and Technology;

2. The head of state management agency for science and technology at all levels shall choose the eligible organizations and individuals for assignment of scientific and technological tasks. The organizations and individuals are assigned with the scientific and technological tasks shall prepare the scheme and protect it before the science and technology Board set up by the state management agency for science and technology;

3. The scientific and technological organization directly assigned with the scientific and technological tasks may carry out these tasks by the method of selection or direct assignment to the collective or individual in their organization. If the method of selection is applicable, a selection Board shall be set up under the provisions in Clause 5, Article 29 of the Law on Science and Technology and the guidance of the Ministry of Science and Technology. In case of direct assignment, a science and technology Board shall be set up to review and approve the scheme for scientific and technological tasks;

4. In case of necessity, the head of state management agency for science and technology has the right to take additional advice from the independent consultants before decision;

Article 32. Advisory Council for Science and Technology

1. The advisory Council defines the scientific and technological tasks and selects and performs the scientific and technological tasks. The advisory Council shall directly assign the performance of scientific and technological tasks, assess and accept the result of performance (hereafter referred to as Advisory Council for Science and Technology). The Advisory Council for Science and Technology is set up by the head of state management agency for science and technology under the authority;

2. The Advisory Council for Science and Technology consists of scientists, representatives of agencies and organizations proposing the order, the agencies and organizations ordering, the manager and entrepreneurs with capacity and expertise in line with the advisory tasks;

The Advisory Council for Science and Technology consists of Chairman, Vice Chairman, (two) critical members, scientific secretary and other members;

3. If the members of Advisory Council for Science and Technology are scientists, they must belong to the database of scientific and technological experts approved by the Ministry of Science and Technology;

Article 33. Operation of Advisory Council for Science and Technology

1. The Advisory Council for Science and Technology works on the principle of democracy, objectiveness, honesty, compliance with law and occupational ethics. The members of Council shall publicly discuss the contents assigned for advice. The opinions of Council’s members and the Council’s proposal must be made in writing. The Council’s members must take responsibility for their advice;

The Council meeting shall be conducted only when there are at least 2/3 of the Council’s members attending the meeting, including the Chairman or Vice Chairman authorized with all critical members and the scientific secretary.

2. The Advisory Council for Science and Technology shall give points, rate or vote under the criteria stipulated by the Minister of Science and Technology;

3. The operational cost of the Advisory Council for Science and Technology and the cost for hiring independent consultants for the scientific and technological tasks using the state budget estimated into a separate account by the state management agency for science and technology from the non-business funds for science and technology. The members of Advisory Council for Science and Technology, organizations and independent consultant shall be paid remuneration for the performance of tasks from the funds specified in this Clause;

The funds for operation of Advisory Council for Science and Technology for the tasks not using the state budget shall be paid by organizations and individuals performing the scientific and technological tasks;

Article 34. Independent advisory organization and consultant

1. Independent advisory organization is a scientific and technological organization having capacity and experience in the areas of consulting expertise;

2. Independent consultant is the person having university degree or higher, capacity and experience in the areas of consulting expertise. The independent consultants for the scientific and technological tasks at national level must belong to the database of scientific and technological experts approved by the Ministry of Science and Technology;

3. The Ministry of Science and Technology details the guidance on this Article;

Article 35. Responsibility of members of Advisory Council for Science and Technology, independent advisory organization and consultant

1. Operating on the principle of democracy, objectiveness, honesty, compliance with occupational ethics of advisory activities;

2. Taking responsibility for their advise;

3. Keeping information received during advice confidential, unless otherwise agreed or stipulated by law;

4. Fully fulfilling obligations as stipulated and agreed;

Article 36. Inspection and evaluation during the performance of scientific and technological tasks

1. The state management agency for science and technology at all levels within its authority must conduct periodic or irregular inspection and assess the performance of scientific and technological tasks with the use of state budget concerning the scientific contents, progress and use of fund. In case of necessity, the head of state management agency for science and technology at all levels may adjust the scientific contents, progress and method of use of fund for implementation in accordance with the practical requirements or terminate the performance of tasks and take responsibility for his/her decision;

2. The Ministry of Science and Technology shall provide the guidance on the order, procedures for inspection and assessment as stipulated in this Article;

Article 37. Appraising the result of performance of scientific and technological tasks without use of state budget

1. The result of performance of scientific and technological tasks without use of state budget with potential factors affecting the national interest, national defense, security, environment, life and human health, it must be appraised by the state management agency for science and technology before application in production and life.

2. Organizations and individuals that apply the result of performance of scientific and technological tasks as provided for in Clause 1 of this Article shall:

a) Send dossier for appraisal to the state management agency for science and technology. The dossier includes: application for appraisal, approved explanation (if any), result of research and relevant documents;

b) Making the payment of expenses for evaluation and appraisal;

3. The Ministry of Science and Technology shall guide the implementation of this Article;

Article 38. Supporting the associated scientific and technological tasks

1. The scientific and technological tasks are associated by the scientific and technological organization and scientist with other businesses and organizations to define and perform the scientific and technological tasks for the innovation and improvement of technological level, productivity, quality and competitiveness of products and goods (hereinafter referred to as the associated scientific and technological tasks);

2. Conditions for supporting the associated scientific and technological tasks include:

a) Associated scientific and technological tasks must be formed into the scientific and technological project of businesses with the objectives, research contents and specific products in direct service of innovation and improvement of technological level, productivity, quality and competitiveness of products and goods;

b) Project must be feasible;

c) Products of project may be applicable to business and production;

d) Project must be approved by the head of competent authority;

dd) Associated scientific and technological tasks must be formed into project to perform the scientific and technological tasks at national level under the prioritized and key areas;

3. Form of supporting the associated scientific and technological tasks

The associated scientific and technological tasks meeting the conditions specified in Clause 2 of this Article shall be supported by the State without recovery of invested capital of the project for the contents related to the scientific and technological operation of project;

4. Rate of support for the associated scientific and technological tasks

a) Project meeting the conditions specified at Points a, b, c and d, Clause 2 of this Article shall be supported up to 30% of invested capital of the project;

b) Project meeting the conditions specified at Points a, b, c and d, Clause 2 of this Article and implemented at difficult or particularly difficult social-economic areas shall be supported up to 50% of invested capital of the project;

c) Project meeting the conditions specified at Points b, c, d and dd, Clause 2 of this Article shall be supported up to 50% of invested capital of the project;

d) Rate of support and source of fund for each project shall be decided by the head of authority having the competence in approving project;

5. Order and procedures for supporting the associated scientific and technological tasks

a) Organizations and individuals wishing to be supported shall prepare 02 (two) set of dossier to be sent directly or by post to the authority having the competence in approving project;

b) After fully receiving valid dossier, the head of authority having the competence in approving project shall set up an advisory council to support the scientific and technological project. The Council consists of representative of Ministry of Science and Technology, Finance, Ministry managing the relevant sectors and areas and scientists. The advisory Council shall consider the necessity and rate of support;

c) The Ministry of Science and Technology shall detail the order and procedures for support as provided for in this Clause;