Thông tư 07/2013/TT-BKHCN

CIRCULAR

PROVIDING FOR PRINCIPLE, FORM AND CONTENT OF COOPORATIVE DOCUMENTS WITH FOREIGN COUNTRIES IN THE SCIENCE AND TECHNOLOGY

Pursuant to the Government’s Decree No. 28/2008/ND-CP of March 14, 2008 defining the functions, tasks, powers and organizational structure of the Ministry of Science and Technology;

Pursuant to the Government’s Decree No. 80/2010/ND-CP of July 14, 2010 providing for foreign cooperation and investment in science and technology;

At the proposal of Director of Department of Technology Appraisal, Examination and Assessment,

The Minister of Science and Technology promulgates the Circular providing for principle, form and content of cooporative documents with foreign countries in the science and technology.

Article 1. Scope and subjects of application

1. This Circular provides for principle, form and content of cooporative contracts and agreements (hereinafter referred to as cooporative documents) with foreign countries in the science and technology.

2. This Circular applies to Vietnamese organizations, individuals that cooperate with foreign organizations, individuals in science and technology.

3. Provisions on principles, forms and content of contract on technology transfers, contract on intellectual property right transfer do not fall in scope of regulation of this Circular.

Article 2. Interpretation of terms

The cooperative agreement in science and technology means document providing for provisions of general commitments, coordination mechanism, specific conditions binding legal liability applicable to concerned parties.

The memorandum means document recording the initial intention (not legally binding) as basis for parties to carry out next steps of cooperative activities in science and technology.

The cooperative contract on science and technology means agreement stipulating benefits, obligations and duties of parties in coopearation for science study, technology development study, provisions of services in activities of science study and technology development.

Cooperative plan means document defining objectives, methods, results, roadmap, neccesary resources for implementation of cooperative agreement in science and technology.

Cooperative program means a written commitment on cooperation among parties of which have clearly defined: Objectives, contents, method to perform, results of cooperation need attain, used resources, time limit and plan on implementation, obligations, benefits and duties of parties.

Article 3. The principles in signing cooperative documents

1. Cooperative documents in science and technology are agreed by parties on the basis of voluntariness, equality, mutual benefit, conformable with law of Vietnam, International treaties and agreements of which Vietnam is a member or international practices (if any).

2. Cooperative documents must be comformable with strategy on science and technology development, plans, programs and projects of state.

Article 4. Languages used in cooperative documents

Languages used in cooperative documents is Vietnames and foreign language as agreed by parties. Cooperative document in Vietnamese and in foreign language have same legal valid.

Article 5. Form of cooperative documents

1. Cooperative contract of science and technology;

2. Memorandum;

3. Agreement;

4. Cooperative plan;

5. Cooperative program;

6. Other forms as agreed by parties.

Article 6. Principal content of cooperative documents

1. For cooperative contract of science and technology:

a) Information of parties joining in contract;

b) Concepts and explanation of terms that are used in contract;

c) Objectives, content, scope, results need attain;

d) Location, time limit and methods to perform agreements;

dd) Powers and duties of parties in implementation of contract;

e) Provisions on using results and sharing benefits from use of results from contract performance (if any);

f) Assesment and acceptance of performed results;

g) Provisions on intelectual property right (if any);

h) Expenditures and resources for contract implementation and payment methods (if any);

i) Settlement of disputes;

k) Appliacble law;

l) Feasibility and socio-economic effectiveness;

m) Other agreements.

2. For Memorandum:

a) Information of parties;

b) Basis of cooperation;

c) Principles of cooperation;

d) Objectives, content and form of cooperation;

e) Resources for implementation.

3. For agreements, cooperative plans and programs:

a) Information of parties;

b) Objectives, content, form of cooperation and expected results;

c) Resources for implementation;

d) Methods of implementation organization;

e) Implementation plan;

g) Mechanism of implementation cooperation;

h) Feasibility and socio-economic effectiveness.

Apart from contents specified in clauses 1, 2 and 3 of this Article, parties may agree additionally other contents in conformity with specific conditions of cooperative operation and current laws.

Article 7. Implementation organization

1. Within 15 (fifteen) working days after signing cooperative documents, Vietnamese organizations of individuals shall, on behalf of parties, send notice, enclosed with 01 copy of cooperative document to competent state management agencies as prescribed in clause 2 Article 10 of the Decree No. 80/2010/ND-CP of July 14, 2010.

2. Ministries, Ministerial-level agencies, Governmental agencies, People’s Committees of provinces and centrally-run cities shall summarize cooperative operation situations in science and technology of previous year and send them to the Ministry of science and technology before February 15 annually.

Article 8. Implementation provisions

1. This Circular takes effect 45 days after day of its signing.

2. In the course of implementation, any arising problems should be reported to the Ministry of Science and Technology for suitable amendments and supplementations.