Thông tư 06/2012/TT-BKHCN

CIRCULAR

DETERMINATION OF THE TASKS OF SCIENCE AND TECHNOLOGY UNDER THE KEY AND STATE-LEVEL PROGRAMS OF SCIENCE AND TECHNOLOGY

Pursuant to the Law on Science and Technology dated June 9, 2000;

Pursuant to Decree No. 81/2002/ND-CP dated October 17, 2002 of the Government detailing the implementation of some articles of the Law on Science and Technology;

Pursuant to Decree No. 28/2008/ND-CP dated March 14, 2008 of the Government regulating functions, duties, powers and organizational structure of the Ministry of Science and Technology;

At the proposal of the Director of Planning – Finance Department;

The Minister of Science and Technology issues the Circular on determining the tasks of science and technology under the key and state-level programs of the science and technology

Article 1. Scope and subjects of application

This Circular guides the organization to define the tasks of science and technology under the State's order, including scientific research subjects (hereinafter referred to as subject) and pilot production projects (after referred to as project) under the key and state-level programs of science and technology (hereinafter referred to as program) to select or assign directly to the organizations and individuals for performance.

The tasks of science and technology related to the state’s secrets shall not be regulated by this Circular.

Article 2. Explanation of terms

1. Proposed order for performance of the tasks of science and technology under the programs is that the Ministries, ministerial-level agencies, governmental-run agencies and People's Committees of central-run provinces and cities, the political and social organizations, the Committees of the Party, the social organizations, social - professional organizations at Central level, groups and corporations (hereinafter referred to as Ministry, sector and locality) propose the tasks of science and technology that need to be carried out through the programs.

2. Order for performance of tasks of science and technology under the programs is that the Ministry of Science and Technology on behalf of the State sets out the objectives, requirements, content, fund security and signs contract of orders to organizations individuals to develop the themes and projects of the programs.

Article 3. Ground for proposed order

1. On the requirement of Party and State leaders

2. Strategies and plans of social and economic development of the nation, ministries, sectors and central-run provinces and cities directly.

3. Strategies for the long-term development of science and technology and medium-term direction, objectives and tasks of the science and technology of the State.

4. The objectives, contents, expected products of the programs that are approved by the Minister of Science and Technology (hereinafter referred to as the program framework).

Article 4. Requirements for themes projects under the programs

1. General requirements

a) There are objectives, contents and estimated products appropriate with the program framework.

b) Directly contributing to solving the scientific and technological issues at the national, inter-sectoral and inter-regional level;

c) No duplicate content with the tasks of science and technology that have been implemented;

d) Being able to mobilize resources from scientific and technological, enterprises, scientists in the country and abroad to participate in the implementation;

dd) Having an effect on the development of economic sectors, fields and regions;

e) The time to implement the themes or projects in accordance with program requirements and shall be decided by the Minister of Science and Technology in special cases.

2. Requirements for themes

The research results are presented in one of the following requirements:

a) Giving the scientific grounds for solving practical issues in the planning and implementation of the line and guidelines of the Party, the policies of social and economic and law development of the State;

b) Creating new technologies, new products that have important meaning for social and economic development, ensuring national defense and social security, reaching the advanced level in the region or internationally;

c) There are high-value applications, creating a change in productivity, quality and efficiency.

3. Requirements for projects

a) The technologies or scientific and technological products need researching and perfecting include:

- The results of the research of the scientific and technological themes have been assessed, accepted and proposed the deployment and application.

- Result of exploitation of invention, scientific products and other technologies.

b) The technology or the created products have the novelty and advanced properties compared to the existing technology in Vietnam, capable of import substitution;

c) Being able to mobilize extra-budgetary funding for implementation and have addresses for product applications;

d) Products of the project can be extensively applied to create new business line and increase more jobs and income for community.

Article 5. Principle to determine themes and projects under the programs

1. The Ministry of Science and Technology shall assign the Management Board to draw up a list of themes and projects under each program.

2. The Ministry of Science and Technology shall assess and approve the list of themes and projects in each program to announce the selection and assignment directly to organizations and individuals on the basis of the advising opinions of the Advisory Council identifying tasks of science and technology under the program (hereinafter referred to as advisory council) established by the Ministry of Science and Technology.

3. The themes and projects in the list of selection announcement and direct assignment are identified the name, goal orientation and requirements for the product. Particularly for projects, it is necessary to identify additional economic - technical criteria of the products.

4. The order to determine the themes and projects in the list of the tasks of the science and technology specified in Article 6, Article 7, Article 8, Article 9, Article 10 and Article 11 of this Circular.

Article 6. Proposed order

1) Annually, the ministries, sectors and localities shall base on the guidelines to develop the plan of science and technology of the Ministry of Science and Technology and the provisions of this Circular, guiding the affiliated units and organizations individuals concerned to propose the scientific and technological issues that can be solved by one or more themes or projects (Annex 1, Table A1-1).

2. The Ministries, sectors and localities shall synthesize the scientific and technological issues that need proposed order (Annex 1, Table A1-2) and send to the Ministry of Science and Technology before January 30 of the previous year of the planning year.

3. The Ministries, sectors and localities shall receive and apply the result if the proposed order of the Ministries, sectors and localities are accepted. For the proposed orders of the group and corporation, it is necessary to have additional commitment on reciprocal capital.

4. In addition to proposed orders of the Ministries, sectors and localities, in order to ensure the completion of the objectives, contents and products of the programs, the Management Board of the program can propose the scientific and technological issues that need settlement through the Ministry of Science and Technology.

Article 7. Making list of themes and projects

Making list of themes and projects is carried out through 02 steps:

1. Step 1: Selecting the scientific and technological issues expected to be put into practice.

a) Synthesizing the scientific and technological issues that are ordered under each program: from the proposed orders prescribed in Article 6 of this Circular, the Management Board of the program shall base on the program framework to select and synthesize the proposed orders for the program (Annex 2, Table A2-1).

b) The Management Board of the program shall coordinate with groups of expert (3-5 persons who are not members of the Management Board of the program) to select the scientific and technological issues that can be solved through one or a number of themes and subjects satisfying the requirements in Article 4 of this Circular. The experts’ opinions shall be made in writing (Annex 2, Table A2-2).

The working result of the Management Board of the program and groups of expert shall be made in writing (Annex 2, Table A2-3) and synthesizing the working result (Annex 2, Table A2-4 and Table A2-5)

2. Step 2: Developing themes and projects

a) The Management Board of the program shall coordinate with groups of expert (5-7 persons who are not members of the Management Board of the program) shall base on the list of the scientific and technological issues that are proposed for implementation (Annex 2, Table A2-5), developing themes and projects that must ensure the requirements prescribed in Clause 3, Article 5 of this Circular.

b) During the process developing themes and projects, the Management Board of the program can consult the Ministries, sectors and localities in order to ensure the themes and projects to meet requirements of the proposed order.

c) Based on the specific conditions of each theme and project the Management Board of the program can propose the form of selection of organizations and individuals through selection or direct assignment.

d) The working result of the Management Board of the program and groups of expert shall be recoded (Annex 2, Table A2-3) and synthesized the result with priority order (Annex 2, Table A2-6) and sent to the Ministry of Science and Technology for organization of advisory councils

Article 8. Advisory council

1. The Advisory Council is decided by the decision of the Minister of Science and Technology according to the speciality of science and technology of the program in order to advise the Minister on the themes and projects under the program developed by the Management Board;

2. The members of Advisory Council are scientific and technological experts who have prestige, sense of responsibility, appropriate professional background and profound knowledge of the speciality of science and technology, have operated in the field of science and technology in the last 5 years in the field assigned for advisory and officials with practical experience in the sectors, fields and enterprises expected to enjoy the research result.

The members participating in the Advisory Council can be obtained from database of experts of the Ministry of Science and Technology.

3. The Advisory Council has from 09-11 members including Chairman, Vice Chairman and members. The Management Board of the program shall not take part in the advisory council. The Council structure (excluding the Chairman) includes: ½ members are technological scientists; ½ members of the state management agencies, organizations of production and business, enterprises and other organizations concerned.

4. The Advisory Council shall work in the democratic and objective principle and shall take responsibility for the objectiveness and accuracy for independent advisory collective responsibility for the general conclusion of the Council;

Article 9. Organizing meeting of the advisory Council

1. The Chairman and Vice Chairman of the Council shall assign the opponency at least 05 days before the Council meeting. Each theme or project in the list shall have 02 members as opponents

2. Working documents of the Council

a) Program framework;

b) List of themes and projects of the program shall be developed by the Management Board (Annex 2, Table A2-6);

c) Form of remark slip (Annex 3, Table A2-6);

d) Other relevant documents.

The documents must be sent to the Council members at least 3 days prior to the meeting of the Council.

3. The visitors at the meeting of the Council include: Representative of the Management Board of the program, representative of management agency of the Ministry of Science and Technology, representative of proposed order agency.

4. The meeting of the Council must have the presence of at least two thirds of the members of the council, in which there must be Chairman or Vice Chairman. The Council members shall have opnions in writing (Annex 3, Table A3-1). The written opinions of the absent members are only for reference.

5. The Chairman of the Council shall preside over the meetings of the Council. In case the Chairman is absent, the Vice Chairman shall preside over the meeting instead.

6. The Council shall analyse and discuss each theme and project in the list with respect to the following issued:

a) The compatibility of the theme and the project compared to the scientific and technological issues put forward;

b) Meeting the requirements of provisions in Article 4 of this Circular;

c) The compatibility of the name, goal orientation and product requirements for the themes and the name, objective and requirements of the technical and economic targets of the product for the project;

d) The rationality of the set of the technical and economic targets of the product for the project;

dd) The compatibility of the method of selecting organizations and individuals to perform tasks.

7. Working order of the Council

a) Announcing the decision on the Council establishment; the Council shall agree upon the working method and appoint a member as scientific secretary to note the opnions of the discussion and make record of meetings of the Council;

b) The representative of the Management Board of the program shall present list of themes and projects;

c) The opponents shall present their opinions over the themes and projects assigned.

The Council shall discuss the requirements prescribed in Clause 6 of this Article.

d) The Management Board of the program shall be responsible for additionally explain if there is requirement from the Council.

dd) The Council members shall assess each theme and project under the slip form as prescribed (Annex 3, Table A3-2);

e) The Council shall elect the Board of slip checking including 03 members in which there is a head. Result of slip checking (Annex 3, Table A3-3);

g) The themes and projects proposed to be put in the list by the Council must be voted by at least two thirds of Council members present (and larger than half the total number of member Council by decision of establishment) to certify to meet the general requirements;

h) The Council shall discuss to agree upon the requirements for each theme and project that are certified to meet the general requirements and shall vote to adopt the conclusion of the Council for each task in the principle of majority and propose the method to select or directly assign for each theme and project.

i) The Council shall adopt the working minutes (Annex 3, Table A3-4) enclosed with the list of themes and projects approved by the Council and ranked in order from highest to lowest by number of votes certified to meet the general requirements (Annex 3, Table A3-5).

8. The meetings of the Advisory Council shall be organized by the Ministry of Science and Technology.

Article 10. Assessment of the list of themes and projects

1. The Ministry of Science and Technology shall organize the assessment of the list of themes and projects. This assessment is performed through assessment teams that are established by the Minister of Science and Technology with 5 -7 members including the team leader, team assistant leader and members as presentatives of functional units of the Ministry of Science and Technology

2. In necessary case, the Ministry of Science and Technology shall consult the Ministries, sectors and localities concerned with respect to the themes and projects prior to assessment.

3. Documents used for assessment include:

a) List of themes and projects completed after having opinions of the Advisory Council determining the tasks;

b) The written explanation of the Management Board for opinions of the Advisory Council (if any);

c) The working minutes of the Advisory Council attached to opnions of the opponents.

d) The documents and minutes of the meetings of the Management Board in the process of development of the themes and projects.

4. Content of assessment

a) Review ing the procedures to develop the themes and projects under the process guided in this Circular;

b) Reviewing the requirements of the themes and projects specified in Article 4 of this Circular;

c) Reviewing the method to perform direct selection or assignment for each theme and project;

d) Considering and proposing the measure of handling the problem of different opinions between the Management Board and Advisory Council.

5. In case of necessity, the assessment team may propose the Ministry of Science and Technology to consult the foreign or domestic independent consultants or establish another advisory board.

6. The working results of the assessment team shall be recorded (Annex 4, Table A4-1) enclosed with the list of themes and projects recommended for approval (Annex 4, Table A4-2).

Article 11. Approval of list of themes and projects for order

Based on the the assessment result, the Minister of Science and Technology shall consider and approve the list of themes and projects to put forward for selection or directly assign to organizations and individuals to perform in the subsequent planning year.

Article 12. Implementation organization

1. This Circular takes effect 45 days from the date of signing.

2. The ministries, ministerial-level agencies, governmental run agencies and People's Committees of central run provinces and cities shall apply this Circular to guide, organize the determination of tasks of science and technology within their management.

3. Any problem arising in the course of implementation should be promptly reported to the Ministry of Science and Technology for study, amendment and supplementation./.