Chương II Thông tư 04/2018/TT-BNNPTNT: Công nhận tiến bộ kỹ thuật

Chapter II

TECHNICAL ADVANCES RECOGNITION

Article 4. Criteria for technological advances recognition

1. Criteria for technological advances recognition for the first time:

a) Shall be novel, creative, stable and highly competitive;

b) Shall ensure their quality, reduce their impact on the environment and have the prospect of enlarging the manufacture.

2. Criteria for technological advances similar to recognized technological advances must satisfy all requirements as prescribed in Clause 1 of this Article and must be more efficient at least 10% than the recognized technological advances.

Article 5. Registration dossier, receipt, verification and inspection, recognition of technological advances

1. Registration dossier

Organizations or individuals with the demand for technological advances recognition (hereinafter referred to as applicant) send directly or by posts 01 set of dossier to the Ministry of Agriculture and Rural Development as per regulations in Article 3 of this Circular (hereinafter referred to as competent agency) The set of dossier shall comprise:

Documents requesting for the technological advances recognition as per the Form No.01 enclosed with this Circular;

b) Research result reports on technological advances recognition as per the Form No.02 enclosed with this Circular;

c) Reviews of the application of technological advances in manufacture of at least 03 organizations or individuals as per the Form No.03 enclosed with this Circular. The reviews of individuals must be confirmed by the agencies or local authority where they work or live.

2. Dossier receipt and verification

Within 03 days from the receipt date of the dossier, the competent agency shall check and inform in writing to the applicant about one of the following cases: dossier accepted, supplementation required, or dossier denied due to ineligibility. The time for dossier supplementation and completion shall not be included in the time for dossier inspection.

3. Dossier inspection

a) Within 07 working days from the receipt date of the full and valid dossiers, the competent authority forms a consultancy council to inspect the technological advances (hereinafter referred to as council). Participation, methods and orders of the inspection of the council is in accordance with regulations in Article 6 of this Circular;

Within 15 working days from the date of signing the decision to establish the council, the competent authority organizes a meeting to inspect the dossier for technological advances recognition.

4. Technological advances recognition

Within 03 days from the meeting, the competent agency informs in writing to the applicant about contents to be completed (if any).

Within 30 days from the receipt date of the notification, the applicant completes the dossier and sends it back to the competent agency.

c) Within 05 working days from the date of receipt date of the complete dossier, the competent agency checks and issue the Decision of technological advances recognition as per the Form 08 enclosed with this Circular. In case the technological advances are denied, the competent agency also informs in writing to the applicant and clearly states the reason for denial;

d) Within 03 working days from the date of issue, the competent authority posts the Decision on technological advances recognition onto its web portals.

Article 6. Components, methods and orders of the meeting of the council

1. Participation of the council

a) The council comprises 07 members as follows: Chairman, Deputy Chairman, 02 reviewing commissioners, a secretary commissioner, and commissioners; including 01 representative of organizations or regions to which the technological advances are applied;

b) Authors and co-authors who apply for the technological advances recognition, or individuals who work for/relate to the applicant must not be a part of the council.

2. g) Implementing methods

a) Council's members shall receive the whole dossiers before the meeting at least 07 working days;

b) There must be at least 05 council's members to take part in the meeting, including Chairman or Deputy Chairman, secretary commissioner and at least 01 reviewing commissioner. In case 01 reviewing commissioner shall be absent, he or she must hand in his or her comments in writing in advance;

c) Members of the council evaluates the technological advances applied for recognition according to the Form No.04 enclosed with this Circular;

d) The council only proposes the recognition for technological advances when at least 05 members of the council rank the evaluation “Pass”;

dd) When necessary, the council requests the competent agency to establish an inspection team to carry out site inspection. The report of site inspection and evaluation shall be made according to the Form No.05 enclosed with this Circular;

e) Members of the council must be honest, objective, and be responsible for their evaluation results and for the final conclusion of the council.

3. Orders of the council’s meeting

a) The secretary commissioner speaks the Decision on establishment of the council and introduces participants;

b) The Chairman of the council (or the Deputy Chairman) leads the meeting;

c) Reviewing commissioners speak out their comments; other members speak out their comments on the technological advances; then the secretary commissioner speaks out the comments of absent members (if any) for reference;

d) The council elects the vote counting board with 03 members among the commissioners, including the head of the vote counting board and 02 members;

dd) Members of the council evaluates and votes the recognition of the technological advances;

c) The vote counting board synthesizes the votes in accordance with the Form No.06 enclosed with this Circular;

g) The council discloses the vote counting result and approves the working minutes of the councils as per the Form No.07 enclosed with this Circular.

Article 7. Denial of the technological advances recognition

1. The technological advances shall be denied in the following cases:

a) They were not applied into manufacture within 03 consecutive years up to the time of inspection;

b) A fraud is detected in the dossier of application for technological advances recognition due to the conclusion of the competent agency.

2. The competent agency performs the inspection and issues the Decision on denying technological advances as per the Form No.09 enclosed with this Circular.

3. Within 03 working days from the date of issue, the competent authority posts the Decision on denying technological advances onto its web portals.

Article 8. Issue of the list of technological advances

1. Annually, the Department of Science, Technology and Environment synthesize and submit the list of technological advances to the Minister for issuing in accordance with the Form No.10 enclosed with this Circular.

2. d) Within 03 working days from the date of issue, the Department of Science Technology and Environment posts the list of technological advances recognition onto its web portals.