Thông tư 32/2014/TT-BKHCN

CIRCULAR

PROVIDING FOR THE MANAGEMENT OF THE SCIENCE AND TECHNOLOGY MARKET DEVELOPMENT PROGRAM BY 2020

Pursuant to Decree No. 20/2013/ND-CP dated February 26, 2013 of the Government defining the functions, tasks, powers and organizational structure of the Ministry of Science and Technology;

Pursuant to Decree No. 08/2014/ND-CP dated January 27, 2014 of the Government providing for details and guidelines for implementing a number of articles of the Law on Science and Technology;

In implementation of Decision No. 2075/QD-TTg dated November 08, 2013 of the Prime Minister approving the Technology and Science Market Development Program by 2020;

At the request of Director of National Agency for Technology Entrepreneurship and Commercialization Development and Director of Legal Department;

Minister of Science and Technology promulgates this Circular to provide regulations on the management of the Science and Technology Market Development Program by 2020.

Chapter I

GENERAL PROVISIONS

Article 1. Scope and regulated entities

1. This Circular provides for the management of the Science and Technology Market Development Program by 2020 (hereinafter referred to as the Program) which has been approved under Decision No. 2075/QD-TTg dated November 08, 2013 by the Prime Minister.

2. This Circular applies to organizations and individuals participating in the implementation and management of the Program, and other relevant entities.

Article 2. Interpretation of terms

In this document, these terms are construed as follows:

1. Science and technology market means a legal, investment and commercial environment that promotes transaction, exchange and trading of scientific and technological products and services, and operates under the orientation, regulation and subsidies of the Government.

2. Science and technology market intermediary (hereinafter referred to as the intermediary) refers to an organization that is prescribed in Clause 2 and Clause 3 Article 1 and whose functions are regulated in Article 3 of the Circular No. 16/2014/TT-BKHCN dated June 13, 2014 by Minister of Science and Technology providing for establishment conditions and operation of science and technology market intermediaries.

3. Science and technology market promotion refers to activities which are performed to promote, seek opportunities for and facilitate transaction, exchange and trading of scientific and technological products and services under different forms such as domestic or foreign trade fairs, exhibitions, demonstration and introduction about technologies.

4. Organization responsible for implementing duties of the Program (hereinafter referred to the responsible organization) refers to the organization that has duties approved by a competent authority and is assigned to implement duties of the Program.

5. The unit in charge of managing duties of the Program is the National Agency for Technology Entrepreneurship and Commercialization Development which is affiliated to Ministry of Science and Technology.

6. The unit in charge of managing funds for implementing duties of the Program refers to the Office of National Programmes on Science and Technology (hereinafter referred to as the ONPST) which is affiliated to Ministry of Science and Technology.

7. The Management Board of the Science and Technology Market Development Program by 2020 (hereinafter referred to as the Program Management Board) is functioned to assist the Minister of Science and Technology in defining orientations, targets and key duties of the Program for each period.

Article 3. Scientific and Technological duties of the Program

1. Scientific and Technological duties of the Program (hereinafter referred to as the Program’s duties) are aimed to assist the following main activities:

a) Perfecting and effectively implementing policies and laws to improve the development of science and technology market;

b) Establishing and improving capacity of the network of intermediaries;

c) Developing and connecting sources of supply and sources of demand for technologies;

d) Associating or cooperating to commercialize findings on scientific research and technological development, and intellectual property to serve production and business activities;

dd) Improving social awareness and training human resources to support the development of science and technology market.

2. The Program’s duties are expressed under the following forms:

a) Scientific schemes, scientific and technological topics and proposals for formulation, amendment or completion of mechanisms and/or policies for science and technology market development to improve the state management of science and technology market;

b) Scientific and technological projects to strengthen the relationship between supply and demand for technology, improve the capacity of intermediaries and develop scientific and technological services;

c) Activities performed to assist the commercialization of findings on scientific research and technological development, and intellectual property of students, talented young scientists, potential researcher groups or research and training institutions, consisting of:

- Carrying out the application for registration of intellectual property over findings on scientific research and technological development, and technical solutions which may be commercialized provided that the application must be valid;

- Preparing plan for dividing income accrued from the transfer of use right or contribution by value of findings on scientific research and technological development or intellectual property provided that it must obtain approval from relevant parties.

An entity that performs activities to assist the commercialization of findings on scientific research and technological development or intellectual property and satisfies requirements mentioned in this Point may not carry out procedures for determining and organizing the implementation of duties as prescribed in Chapter III of this Circular and may adopt direct payment method with the ONPST as regulated in the Joint Circular by Ministry of Finance and Ministry of Science and Technology providing for the Program’s financial management.

3. Program-managing activities include:

a) Activities of the Program Management Board; the Program implementation and management activities performed by the National Agency for Technology Entrepreneurship and Commercialization Development, the ONPST, and relevant agencies affiliated to Ministry of Science and Technology;

b) Activities relating to the communications, training and provision of instructions for carrying out procedures for application for schemes/projects or formulation of schemes/projects; making survey, assessment and proposal of potential schemes/projects;

c) Inspecting and assessing the implementation of duties; organizing meetings, seminars, conferences, preliminary and final summary of the Program; making summary reports; taking suggestions about the Program;

d) Organizing domestic and overseas sightseeing programs and field trips to learn experience from successful and typical models of science and technology market development;

dd) Other activities relating to the Program implementation and management.

Article 4. Investment projects of the Program

1. Procedures for appraisal, execution, correction of execution progress, acceptance, payment, and reports on the execution of contents and duties relating to projects on construction, investment and development of scientific and technological potentials of public technology exchanges, local technology exchange centers and other public intermediaries shall be carried out in accordance with applicable laws.

2. Organizations in charge of implementing duties specified in Clause 1 of this Article shall submit reports on implementation results of such duties to the National Agency for Technology Entrepreneurship and Commercialization Development for submitting an aggregated report thereof to Ministry of Science and Technology.

Article 5. General principles for determining the Program’s duties

The Program’s duties are determined according to the following principles:

1. Contents of a Program's duty must be in conformity with general duties of the Program approved under Decision No. 2075/QD-TTg dated November 08, 2013 by the Prime Minister giving approval for the Science and Technology Market Development Program by 2020.

2. A duty of the Program must have specific targets and positive impacts on the growth of technological transactions and the development of science and technology market.

3. It must be a feasible duty in which the organization responsible for implementing the duty must satisfies all of required conditions on professional capacity, facilities and finance to ensure the completion of that duty.

4. Any activity which is provided with funding from state budget under other sources shall not be considered to grant funding from state budget according to Program's duties.

Article 6. Codes of the Program’s duties

The ONPST shall record the codes of the Program’s duties when receiving application dossiers for participation in selection or direct assignment of entities to implement duties as regulated in Clause 3 Article 17 of this Circular as follows:

TTKHCN.DA.XX-YY;

TTKHCN.ĐT.XX-YY;

TTKHCN.ĐA.XX-YY;

Where:

TTKHCN refers to the sign of the Program;

DA refers to the sign of the application for registration under the form of the project;

ĐT refers to the sign of the application for registration under the form of the topic;

ĐA refers to the sign of the application for registration under the form of the scheme;

XX refers to the sign of the ordinal number of the application for registration;

YY refers to the sign of the year of receiving the application for registration;

E.g. TTKHCN.DA.01-2015 means the application for registration under the form of project No. 01, received in 2015, of the Science and Technology Market Development Program by 2020.

Chapter II

SELECTION CRITERIA AND CONDITIONS, SUBSIDIZED CONTENTS

Article 7. Scientific schemes, scientific and technological topics of the Program

1. Selection criteria and conditions

a) It must be an organization that has functions/duties relating to the development of science and technology market;

b) Research objectives, contents and products must be suitable for the objectives and contents of the Program's duties;

c) The organization having scientific scheme or scientific and technological topic must have qualified experts to do research and work out feasible solutions for practical issues for developing the science and technology market.

2. Subsidized contents

a) Research activities done to formulate and complete policies and laws on the state management mechanism and functions of the science and technology market development;

b) Research activities done to propose solutions for improving the exercise of the intellectual property rights, and protecting legitimate rights and benefits of the participants in technological transactions;

c) Research activities done to build systems of standards, criteria and targets to serve the investigation, survey, summation, report and assessment of capacity of supply and demand for technology;

d) Research activities done to formulate plans and complete mechanisms and policies for developing the network of intermediaries, and encouraging the development of scientific and technological services;

dd) Research activities done to formulate training programs to improve professional knowledge and raise awareness of scientific and technological market;

e) Research activities done to propose solutions for developing the relationship between supply and demand for technology, and improving operational efficiency of intermediaries;

g) Research activities done to propose mechanisms for public-private collaboration or association between entities conducting scientific research and technological development, and enterprises, investors or consultants to improve the commercialization of findings on scientific research and technological development, or intellectual property;

h) Research activities done to innovate operations of science and technology development funds; formulate mechanisms and policies for development of venture capital funds serving the commercialization of findings on scientific research and technological development, or intellectual property;

i) Research activities done to innovate procedures and formalities for application for registration of establishment and operation of scientific and technological service providers;

k) Research activities done to formulate mechanisms for cooperating, improving managerial capability and organizing the implementation of the Program’s duties.

Article 8. Projects on investment and construction of technology exchanges and technology exchange centers

Selection criteria and conditions, and subsidized contents for projects on investment and construction of national technology exchanges in Hanoi, Ho Chi Minh City and Da Nang, regional technology exchanges and public technology exchange centers in central-affiliated cities or provinces shall be performed in accordance with applicable laws on investment and development projects.

Article 9. Projects on establishment and operational development of intermediaries

1. Selection criteria and conditions

a) An existing intermediary must have Certificate of registration of scientific and technological operations, have functions of an intermediary as regulated in the Circular No. 16/2014/TT-BKHCN dated June 13, 2014 by Minister of Science and Technology providing for establishment conditions and operation of science and technology market intermediaries, and satisfies all of conditions prescribed in Points c and d of this Clause;

b) A project on the establishment of an intermediary must provide documents proving its competence to meet all of conditions prescribed in the Circular No. 16/2014/TT-BKHCN dated June 13, 2014 by Minister of Science and Technology providing for establishment conditions and operation of science and technology market intermediaries, and satisfies all of conditions prescribed in Points c and d of this Clause;

c) Have the network of experts and maintain relationship with potential partners to fulfill functions and duties of an intermediary;

d) Have business plans, and methods for accessing and exploiting sources of supply of technology and sources of demand for technology.

2. Subsidized contents

a) Consultancy, formulation and appraisal of a scheme on establishment and improvement of capacity of an intermediary;

b) Training in skills in commercializing findings on scientific research and technological development, and placing orders for technical assistance, brokerage, consultancy and assessment of technologies or intellectual property;

c) Training and improvement of knowledge about the establishment, management and operation of intermediaries; training professional human resources for the intermediary;

d) Activities belonging to functions of a science and technology market intermediary as regulated in the Circular No. 16/2014/TT-BKHCN dated June 13, 2014 by Minister of Science and Technology providing for establishment conditions and operation of science and technology market intermediaries.

Article 10. Projects on establishment of technology incubators, scientific and technological business incubators

1. Selection criteria and conditions, and subsidized contents for projects on establishment of technology incubators, scientific and technological business incubators as regulated in Article 6 of the Circular No. 19/2013/TT-BKHCN dated August 15, 2013 by Minister of Science and Technology guiding the management of the Program for supports for scientific and technological enterprises, and public scientific and technological organizations in the exercise of the autonomy, the Joint Circular No. 49/TTLT-BTC-BKHCN dated April 23, 2014 by Ministry of Finance and Ministry of Science and Technology providing guidance on financial management of the Program for supports for scientific and technological enterprises, and public scientific and technological organizations in the exercise of the autonomy.

2. Selection criteria and conditions, and subsidized contents for projects on investment and fundamental construction of technology incubators, scientific and technological business incubators shall be performed in accordance with applicable laws on investment and development projects.

3. Selection criteria and conditions, and subsidized contents for operating technology incubators, and scientific and technological business incubators shall be performed in accordance with regulations in Point a Clause 1 Article 9 and Clause 2 Article 9 of this Circular.

Article 11. Projects on organization of training courses for officials and experts to serve the development of science and technology market

1. Selection criteria and conditions

a) It must be an organization functioned to organize training courses in science and technology market development;

b) Its officials, experts and collaborators must be available and qualified for science and technology market development activities;

c) Training curricula and textbooks must be suitable for purposes and practical demand of learners and approved by Ministry of Science and Technology.

2. Subsidized contents

a) Domestic and foreign training and improvement activities, and internet-based training in management, organization and operation of science and technology market development activities;

b) Domestic and foreign training and improvement activities, and internet-based training in professional skills serving science and technology market development activities;

c) Compilation and issuance of technical documents, sample documents and instructional documents of technological transactions and commercialization of findings on scientific research and technological development; providing or guiding the extraction of technological information, findings on scientific research and technological development, and intellectual property;

d) Establishment and organization of expert/trainee exchange programs to share experience in commercializing findings on scientific research and technological development, and intellectual property between domestic and foreign research/training institutions.

Article 12. Projects on assessment of technological need and capacity for technological supply

1. Selection criteria and conditions

a) It must be an organization functioned to assess technological need and capacity for technological supply;

b) It must have qualified manpower or cooperate with an organization whose manpower is qualified to assess technological need and capacity for technological supply;

c) Assessment criteria are conformable with assessment purposes;

d) Proposed methods of assessment must be feasible and conformable with features of sources of technological supply and sources of technological demand.

2. Subsidized contents

a) Seeking and selecting technologies or technological information from database and electronic information networks according to orders for technological supply – demand;

b) Building, maintaining and developing database of sources of technological supply, sources of technological demand and promoting the relationship between supply and demand for technologies;

c) Building, maintaining and developing consulting information channels and websites of technological exchanges (including online techmart), and commercialization of findings on scientific research and technological development, and intellectual property;

d) Assessing competency and capacity to use sources of technological supply and demand.

Article 13. Projects on support for commercialization of findings on scientific research and technological development, and intellectual assets

1. Selection criteria and conditions

a) It must be an organization competent to work out feasible plans, models or solutions for commercialization of findings on scientific research and technological development, and intellectual assets; or

b) It must be an organization competent to assess and determine the value of findings on scientific research and technological development, and intellectual property to serve the commercialization thereof.

2. Subsidized contents

a) Formulating plans for commercialization of findings on scientific research and technological development, and intellectual property: technological transfer; investing in technological research and development; technology incubation; scientific and technological business incubation; establishing or contributing capital for establishing scientific and technological enterprises or organizations; applying technologies to production and business; providing public services to serve public interests and social security;

b) Making plans for assessing and determining the value of findings on scientific research and technological development, and intellectual property to serve the activities prescribed in Point a of this Clause.

Article 14. Projects on science and technology market promotion

1. Selection criteria and conditions

a) It must be an organization functioned to perform science and technology market promotion activities;

b) Its manpower must be qualified to perform science and technology market promotion activities;

c) Plans on specific activities must be worked out and there is enough manpower to execute the project;

d) Methods of meeting demand for science and technology market development must be determined.

2. Subsidized contents

a) Conducting market surveys and research to collect information and determine potential subjects of science and technology market promotion activities;

b) Organizing or participating in domestic and foreign technology and equipment markets (Techmart), technology demonstrations (Techdemo), exhibitions to introduce findings on scientific research and technological development by training and research institutions (Innovation Showcase), festivals for investment and commercialization of technological innovations (Demo Day), Startup Day, Innovation Day, Invention Exhibition, exhibitions to introduce potential scientific and technological products (Techshow), including the following activities:

- Activities of expert consultants, arts design, overall decoration, sound and lighting techniques;

- Opening ceremony, activities of MC and technicians;

- Activities of participants, including travel, accommodation, transport of equipment, samples and models;

- Activities of organization board, advisory board, rewarding board, expert consultants, independent scientists, participants in exhibition stalls and other participants;

- Communication and advertising activities on the mass media; preparing electronic data for promoting the event;

- Printing necessary documents (brochures, catalogs, invitations, etc.) of the event;

- Translating documents; organizing science and technology seminars;

- Leasing premises (including security, electricity and water); stall installation; displaying and showing products;

- Awarding (certificates of merit), certificates, reliefs, campaign medals; organizing prize-giving day;

- Other necessary activities.

c) Giving consultancy, introducing and promoting the commercialization of findings on scientific research and technological development, and intellectual property of students, talented young scientists, young researcher groups, potential startup groups; perfecting models and methods of production, trading, marketing and commercialization of findings on scientific research and technological development, and intellectual property;

d) Giving consultancy, introducing and promoting the commercialization of new technologies and products thereof of scientific and technological organizations, enterprises and researchers.

Article 15. Communication projects serving the development of science and technology market

1. Selection criteria and conditions

a) It must be an organization functioned to perform communication activities for the purpose of developing the science and technology market;

b) Its manpower and collaborators must be qualified to perform communication activities for development of science and technology market;

c) Demand, specific objectives and strategies must be clearly determined;

d) It’s able to determine methods for performing communication activities and anticipate results thereof; innovated communication methods.

2. Subsidized contents

a) Constructing scenarios, collecting information and developing specialized contents of communication programs (including radio and television programs, reportages, games, and talks) on innovation, investment in technological research and applications, promotion of technological transfer, and commercialization of findings on scientific research and technological development, and intellectual property;

b) Commending and rewarding typical organizations and individuals in innovation, promotion of technological transfer and commercialization of findings on scientific research and technological development, and intellectual property;

c) Disseminate the implementation of the Program’s duties and other activities to promote the spillover effect of the Program.

Chapter III

DETERMINATION AND IMPLEMENTATION OF DUTIES

Article 16. Determination of duties of the Program

1. Based on the Program implementation plan, the Program Management Board shall define orientations, targets and key duties of the Program for each period, and request Minister of Science and Technology to approve and post them on the portal of Ministry of Science and Technology.

2. Procedures for determining the Program’s duties shall comply with regulations in Circular No. 07/2014/TT-BKHCN dated May 26, 2014 by Minister of Science and Technology providing procedures for determination of national science and technology duties with funding from state budget.

3. The National Agency for Technology Entrepreneurship and Commercialization Development is responsible for coordinating with relevant agencies to establish the science and technology advisory board to determine the Program’s duties, and ask for suggestions from independent consultants where necessary; consolidate proposals for the Program’s duties and ask for approval for the list of the Program’s duties from Minister of Science and Technology via Department of Planning and General Affairs directly under Ministry of Science and Technology.

Article 17. Selection and direct assignment of entities to implement the Program's duties

1. Pursuant to Decision on approval for the list of the Program's duties, the National Agency for Technology Entrepreneurship and Commercialization Development shall coordinate with relevant agencies to request the Minister of Science and Technology to establish the advisory board in charge of selecting or directly assigning entities to implement the Program’s duties, and take suggestions from independent consultants to appraise the Program's duties as regulated, if necessary.

2. Procedures for establishment of the advisory board in charge of selecting or directly assigning entities to implement the Program’s duties, and procedures for taking suggestions from independent consultants shall comply with regulations in Circular No. 10/2014/TT-BKHCN dated May 30, 2014 by Minister of Science and Technology on selection and direct assignment of entities to implement national science and technology duties with funding from state budget and Circular No. 23/2014/TT-BKHCN dated September 19, 2014 by Minister of Science and Technology on amendments to a number of articles of the Circular No. 10/2014/TT-BKHCN.

3. An application for participating in selection or direct assignment of entities to implement the Program's duties includes the following documents:

a) Application form for implementation of science and technology duties (Form B1-1-ĐON);

b) Description of the scheme (Form B1-2d-TMĐA); Description of the topic (Form B1-2a-TMĐTCN or Form B1-2b-TMĐTXH); Description of the project (Form B1-2c-TMDA);

c) Summarized report on scientific and technological activities of the applicant (Form B1-3-LLTC), enclosed with annual operational results of that scientific and technological organization (if any);

d) CVs of the head and individuals implementing science and technology duty with certification of governing authority (Form B1-4-LLCN);

dd) CVs of foreign experts, enclosed with certificates of their salary (if foreign experts are hired);

e) Certification of cooperation with other entities in implementing science and technology duties (if any (Form B1-5-PHNC);

g) Documents proving competence of scientific and technological manpower and equipment of cooperators and capacity for mobilizing capital from other sources for implementing duties (if any).

Article 18. Appraising contents and funding for implementing the Program’s duties

1. Procedures, documents and forms for appraising contents and funding for implementing the Program’s duties shall comply with Circular No. 10/2014/TT-BKHCN dated May 30, 2014 by Minister of Science and Technology on selection and direct assignment of entities to implement national science and technology duties with funding from state budget and Circular No. 23/2014/TT-BKHCN dated September 19, 2014 by Minister of Science and Technology on amendments to a number of articles of the Circular No. 10/2014/TT-BKHCN.

2. If there is disagreement about appraisal results of the Program’s duties or the Program's duties, capacity and conditions of the organization applying for implementing the Program's duties must be reconsidered at the request of a competent authority, the National Agency for Technology Entrepreneurship and Commercialization Development shall carry out procedures for taking suggestions from independent consultants about relevant issues before reporting them to Minister of Science and Technology for consideration.

Article 19. Granting approval for organization responsible for implementing the Program’s duties

Based on appraisal results of the Program’s duties, capacity and conditions of the applicant for implementing the Program’s duties, suggestions of experts or independent consultants (if any), the National Agency for Technology Entrepreneurship and Commercialization Development shall coordinate with the NOPST to request Minister of Science and Technology to grant approval for the responsible organization, contents, funding and period for implementing the Program's duties via Department of Planning and General Affairs.

Article 20. Entering into contract for implementing the Program’s duties

Based on Decision on approval for the list of the Program’s duties by Minister of Science and Technology, the NOPST shall coordinate with the National Agency for Technology Entrepreneurship and Commercialization Development to enter into contract with the responsible organization for implementing the Program’s duties. The form of the contract is provided for in the Circular No. 05/2014/TT-BKHCN dated April 10, 2014 by Minister of Science and Technology on promulgation of form of contract for scientific research and technological development.

Article 21. Inspection and assessment of the implementation of the Program’s duties

The NOPST shall take charge and coordinate with competent authorities to inspect and assess the implementation progress and results of the Program’s duties according to the signed contract in conformity with regulations adopted by Ministry of Science and Technology.

Article 22. Adjusting contents, expenditure and progress of implementing the Program’s duties

1. With regard to duties with allocated expenditure, the responsible organization shall, on the basis of actual situation, adjust the estimate of expenditures for implementing duties within total estimate of allocated expenditure in accordance with laws.

2. With regard to duties without allocated expenditure, the National Agency for Technology Entrepreneurship and Commercialization Development shall, on the basis of request of the responsible organization, coordinate with the NOPST and competent authorities to request Minister of Science and Technology to consider and decide the adjustment of contents, expenditure and implementation progress of the Program’s duties in accordance with current regulations.

Article 23. Assessment, acceptance and certification of implementation results of the Program’s duties

1. Self-assessment: The responsible organization shall carry out the self-assessment of the implementation results of the Program’s duties as regulated before submitting application for assessment and acceptance to the National Agency for Technology Entrepreneurship and Commercialization Development. Self-assessment results are prerequisite for carrying out the national-level assessment and acceptance.

2. National-level assessment and acceptance: The National Agency for Technology Entrepreneurship and Commercialization Development shall coordinate with the NOPST and competent authorities to carry out the national-level assessment and acceptance of implementation results of the Program’s duties.

3. Based on conclusion by the advisory board in charge of assessing and accepting implementation results of the Program’s duties, and suggestions given by independent consultants (if any), the National Agency for Technology Entrepreneurship and Commercialization Development shall report to Minister of Science and Technology to certify implementation results of the Program’s duties.

4. Procedures for assessing, accepting and certifying implementation results of the Program’s duties shall comply with regulations in Circular No. 11/2014/TT-BKHCN dated May 30, 2014 by Minister of Science and Technology on assessment and acceptance of implementation results of national science and technology duties with funding from state budget.

Article 24. Fund management, contract liquidation, property and implementation results of the Program’s duties

1. The authority and procedures for fund management, contents and levels of funding from state budget for implementing the Program's duties shall comply with the Joint Circular by Ministry of Finance and Ministry of Science and Technology providing for the Program's financial management.

2. Procedures for contract liquidation, registration, storage and management of implementation results of the Program’s duties, intellectual property and other assets obtained from the implementation of the Program’s duties shall be performed in accordance with current laws.

Chapter IV

PROGRAM MANAGEMENT

Article 25. Organization of Program implementation

1. The Program implementation shall be performed as regulated in Point b Clause 1 Section IV and Section V, Article 1 of Decision No. 2075/QD-TTg dated November 08, 2013 by the Prime Minister giving approval for the Technology and Science Market Development Program by 2020.

2. The establishment and operation of the Program Management Board shall comply with regulations adopted by Minister of Science and Technology.

3. The National Agency for Technology Entrepreneurship and Commercialization Development shall determine the Program’s duties; receive proposals for duties; carry out procedures for selection and direct assignment of duties; conduct national-level assessment and acceptance of implementation results of the Program’s duties and fulfill other assigned tasks relating to the management of the Program’s duties.

4. The NOPST shall carry out procedures for entering contract for implementing the Program’s duties, allocate funds, make statement of funds for implementing the contract and fulfill other assigned tasks relating to the fund management for implementing the Program’s duties.

5. Funding for all activities of the Program as prescribed in Clauses 1, 2, 3 Article 3 of this Circular is covered by the annual budget for science and technology allocated to the NOPST.

Article 26. Responsibilities of Ministry of Science and Technology

1. Instruct and manage the implementation of the Program according to the assignment by the Prime Minister under Decision No. 2075/QD-TTg dated November 08, 2013 of the Prime Minister approving the Technology and Science Market Development Program by 2020.

2. Promulgate guidelines on application for implementation of the Program’s duties.

3. Make decision on the establishment of advisory boards in charge of determining the Program’s duties, selecting or directly assigning entities to implement the Program’s duties; assessing and accepting the implementation results of the Program; make decision on giving approval for the organization responsible for implementing the Program’s duties.

4. Give approval for subsidized contents and funding to implementing the Program’s duties; provide instructions to ministries, regulatory bodies and local governments to provide additional funding and implement the Program’s duties.

5. Give approval for contents and funding of the Program to aggregate in the annual funding derived from state budget for science and technology.

6. Give approval for plans, targets, contents, expenditure estimates and implementation progress of the Program's duties; suspend or terminate contract for implementing the Program's duties in case of need; take actions against issues relating to suspended or cancelled duties.

7. Give approval for statement of expenditures for implementing the Program’s duties and funding for the Program's activities.

Article 27. Responsibilities of the National Agency for Technology Entrepreneurship and Commercialization Development

1. Discharge assigned tasks relating to the management of the Program’s duties; coordinate with relevant agencies to estimate expenditure for managing the Program's duties; consolidate the list of proposed duties; reach an agreement with relevant agencies on the adjustment of contents and expenditure, and via Department of Planning and General Affairs, submit report to Minister of Science and Technology for consideration.

2. Carry out procedures for selection and direct assignment of entities to implement the Program’s duties and ask for approval thereof from Ministry of Science and Technology; conduct national-level assessment and acceptance of implementation results of the Program’s duties.

3. Take charge of preparing regular reports, preliminary and final summary reports of the implementation of the Program; make preliminary and final summary of the Program’s activities.

4. Coordinate with competent authorities to conduct regular or irregular inspection of the implementation of the Program’s duties.

5. Propose appropriate rewarding forms for entities having excellent performance during the implementation of the Program's duties to Minister of Science and Technology, and take actions against entities committing violations when implementing the Program’s duties.

6. Give advice and assist the transfer of ownership or use right and the commercialization of findings on scientific research and technological development, and intellectual property generated from the implementation of the Program's duties; make report on the use of findings on scientific research and technological development, and intellectual property generated from the implementation of the Program's duties.

7. Build, maintain and update information about the implementation of the Program's duties on the Program's website; propagate activities of the Program; announce implementation results of the Program’s duties.

8. Discharge other tasks as assigned by Minister of Science and Technology.

Article 28. Responsibilities of relevant ministries, regulatory bodies and local governments

1. Propose duties to the Program according to their managing sectors; facilitate relevant organizations in implementing assigned duties.

2. Provide funding and manage the implementation of the Program’s duties in connection with other duties under their management.

3. Coordinate with Ministry of Science and Technology in adjusting targets, contents, expenditure and implementation progress of the Program's duties where necessary.

4. On a regular basis of six months and annual basis, submit reports on the implementation of the Program’s duties and results thereof to Ministry of Science and Technology for submitting consolidated report to the Prime Minister.

5. Mobilize funding and use different sources of funding from state budget under their management to ensure the consistent and effective implementation of assigned duties.

Article 29. Responsibilities of the head and the organization responsible for implementing the Program’s duties

1. Develop approved contents; assume responsibility for the progress and results of the implementation of the Program’s duties; report difficulties that arise during the implementation of the Program’s duties to the National Agency for Technology Entrepreneurship and Commercialization Development.

2. Coordinate with the National Agency for Technology Entrepreneurship and Commercialization Development and the NOPST in inspecting the implementation of the Program’s duties according to approved targets, contents and progress.

3. Submit written proposals to the National Agency for Technology Entrepreneurship and Commercialization Development about the adjustment of targets, contents and implementation progress of the Program's duties according to practical conditions, if any.

4. Make regular and irregular reports on the implementation of the Program's duties (including 6-month, annual, preliminary and final summary reports) and statement of expenditure of the Program to the NOPST.

5. The head of the Program's duty shall assume responsibility before the responsible organization for the implementation of assigned duty and results thereof according to the agreement made between that head with the responsible organization.

Chapter V

IMPLEMENTATION

Article 30. Effect

1. This Circular takes effect as of December 25, 2014.

2. In case where legislative documents referred to in this Circular are amended or replaced, the new ones shall apply.

3. Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Science and Technology for consideration./.