Thông tư 08/2012/TT-BKHCN

CIRCULAR

ON SELECTION, DIRECT ASSIGNMENT FOR ORGANIZATIONS, INDIVIDUALS TO PRESIDE OVER IMPLEMENTATION OF THEMES ON SCIENTIFIC RESEARCH AND TECHNOLOGICAL DEVELOPMENT, PROJECTS ON TEST MANUFACTURE AT STATE LEVEL

Pursuant to the Law on Science and Technology of June 09, 2000;

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

Pursuant to the Government’s Decree No. 28/2008/ND-CP of March 14, 2008, providing functions, tasks, 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 promulgates Circular on selection, direct assignment for organizations, individuals to preside over implementation of themes on scientific research and technological development, projects on test manufacture at state level

Article 1. Scope and subjects of adjustment

1. This Circular guides selection, direct assignment for organizations, individuals to preside over implementation of themes on scientific research and technological development (hereinafter referred to as themes), projects on test manufacture (hereinafter referred to as projects) under programs on Science and Technology at state level and themes, projects on independent test manufacture at state level.

2. The selection, direct assignment for organizations, individuals to preside over implementation of themes, projects on social science and humanities are not in scope of adjustment of this Circular.

Article 2. Selection, direct assignment

1. Selection means choosing organizations, individuals with the best capability and experiences to implement themes, projects under the State's order through consideration, evaluation of dossiers registering participation in selection in according to requirements, criteria specified in this guiding Circular.

Selection is applied to themes, projects that have many organizations, individuals having capability to participate in implementation aiming to attain the highest effectiveness.

2. Direct assignment means appointment organizations, individuals having enough capability and quality, suitable condition and professional to implement the particular themes, projects under the State’s order. 

Direct assignment is applied to:

a) Themes, projects belong to national secrets, are particular on national security and defense. 

b) Themes, projects are urgent servicing for socio-economical development, assurance of welfare and society.

c) Themes, projects with content which have only an organization or an individual having enough conditions on professional and equipments to implement. 

Article 3. Principle of selection, direct assignment

1. Selection is publicized on mass media:  the VTV1 program of Vietnam television station, Vietnam radio station, People newspaper and the SaiGon Liberation Newspaper. Detailing information is published fully on the Science and Development Newspaper, on the websites of the Ministry of Science and Technology http://www.most.gov.vn, http://www.vista.gov.vn, http://www.tchdkh.org.vn.

2. Direct assignment is implemented in form of sending document to the appointed organization or individual to prepare dossier and make outline to protect it before the Council of Science and Technology.

3. The Minister of Science and Technology shall establish a Council of Science and Technology to advise selection and consideration to directly assign for organization or individual to preside over implementation of themes, projects.

4. Evaluation of dossiers registering participation in selection, direct assignment is executed by scoring under groups of specific criteria for themes and projects specified in article 10 of this Circular.

5. Each individual may register to preside over only a (01) subject or project. The cooperation to implement themes, projects among organizations, individuals participating in selection is encouraged aiming to mobilize for the maximum of force source to implement themes, projects in effectiveness.

6. Result of selection, direct assignment after approval is notified to organizations, individuals being selected, and their authority in charge, publicizes on the website of the Ministry of Science and Technology http://www.most.gov.vn, http://www.vista.gov.vn, http://www.tchdkh.org.vn.

Article 4. Conditions to participate in selection, direct assignment

1. For organizations:

a) Organizations having legal status, registering the operation of science and technology, having function of operation suitable to the professional field of themes, projects have right to participate in selection or be considered to directly assign to preside over implementation of themes, projects.

b) Organizations do not participate in registration of selection or consideration to direct assign to preside over implementation of themes, projects when at the time of submission of dossier:

- Not returning full funds withdrawn under contract of implementation of independent projects, projects under program, projects under projects on science and technology, projects on technological importing assigned;

- Evaluation for acceptance of themes, projects at state level is slow comparing to time limit to end contract on research from 12 months or more without opinion about acceptance of the Ministry of Science and technology. 

2. For individuals:

a) Individuals being the head of themes, projects must satisfy concurrently the following requirements:

- Having level at university or higher, having suitable professional and operating in the same scientific field with themes, projects in 05 years recently, calculated to time of submission of dossier;

- Being person proposes the plan and presides over formulation and explanation of themes, projects;

- Having enough capability to directly implement or organize implementation and ensure having full time to preside over implementation of researching job of themes, projects.

b) Individual does not participate in registering selection, consideration to direct assign to preside over themes, projects if till the deadline of submission of dossier, he/she is still the head of themes, programs under the programs; independent themes, projects; themes, projects cooperating with international on science and technology under the protocol; themes, projects under projects on science and technology; themes, projects aided by the National science and technology development Fund.

c) Individual being the head of themes, projects at state level, evaluated for acceptance at the “fail” level and not be prolonged to complete result or themes, projects terminated implementation due to mistakes does not participate in registering selection, direct assignment within two (02) years since time of conclusion of the national acceptance evaluation council or time of decision of the competent state management agency on termination of implementation of themes, projects.

d) Individual being the head of themes, projects, submitting dossier of acceptance evaluation at ground level slowly comparing to deadline of contract of research from six (06) months or more without opinion about acceptance of the Ministry of Science and technology does not  participate in registering selection, direct assignment in the corresponding period as follows:

- 12 months, calculated from the time of submission of actual acceptance evaluation dossier if submission is slow from six (06) months to less than 24 months;

- 24 months, calculated from the time of submission of actual acceptance evaluation dossier if submission is slow from 24 months or more;

The Ministry of Science and technology shall open dossiers for checking and confirming conditions to participate in selection, direct assignment in according to provisions of this article.

Article 5. Dossier of registration for participation in selection, direct assignment

1. Dossier of registration for participation in selection, direct assignment includes the following documents:

a) The request of registration for presiding over to implement themes, projects (Annex 1, Form B1-1);

b) Explanation of themes (Annex 1, Form B1-2a), explanation of projects (Annex 1, Form B1-2b);

c) Summary of science and technology operation of organization registering to preside over themes, projects (Annex 1, Form B1-3);

d) The scientific resumes of individual registering as the head and individuals registering to implement mainly themes, projects with confirmation of the authority in charge (Annex 1, Form B1-4);

dd) The written with confirmation of agreement of organizations registering cooperation for implementation of themes, projects– if any (Annex 1, Form B1-5);

e) Documents to prove they are not in cases specified in point b, clause 1 and points b, c, d, clause 2, article 4 of this Circular (if any).

g) Legal documents to prove capability on human resource, equipments and capacity to raise capital from other source to implement themes, projects (if declare capital mobilization from other source). For projects compelling to have legal documents pledging and explaining the capacity to raise capital from source outside of scientific career state budget attaining minimally is 70% of total investment funds expected for performance (financial statement of enterprise in 2-3 years recently; commitment on placement of funds or guarantee of funding of bank; legal commitment on capital contribution of organizations participating in projects).

h) Documents confirming agreement of relevant agencies regarding application of result of research of themes, projects if products of themes, projects meeting scientific requirements and quality level (if any).

2. Dossier of register for participating in selection, direct assignment includes a (01) set of original dossier (with seal and direct signature) presented and printed on A4 paper size, use Vietnamese font of the Unicode in according to TCVN 6909:2001 Vietnamese standard, size of letter 14 and a (01) electronic file of dossier recorded on optical disc (in PDF, not set password), be packed in the dossier bag with seal and outside written clearly as follows:

a) Name of subject of project registering participation in selection, direct assigment (written clearly: Name of subject or project; name, code of program);

b) Name, address of organization registering as preside over and organization participating for coordination to implement subject or project (just written the list of organizations have had confirmation of participation for coordination);

c) Full name of individual resistering as head of subject or project and the list of persons mainly participating in implementation of subject or project (just written the list of individuals have had confirmation of participation for coordination);

d) List of documents in dossier.

Article 6. Submission of dossier registering participation in selection, direct assignment

1. Dossiers registering participation in selection, direct assignment are submitted directly or send by post to head office of the Ministry of Science and Technology, number 13 Tran Duy Hung Street, ward Trung Hoa, Cau Giay district, Ha Noi city.

2. Duration of submission of dossier: In according to notyfiaction of the Ministry of Science and Technology.

3. Date certifying receipt of dossier is date written in seal of Hanoi Post (case of sending by post) or the receival seal of the Ministry of Science and Technology (case of submitting directly).

4. In duration specified for submission of dossier, organizations and individuals registering participation in selection, direct assignment have right to withdraw the submitted dossier to replace by a new dossier or supplement for the submitted dossier.  Replacement of new dossier and supplement of dossier must complete before duration of submission of dossier as prescribed; document supplemented is a constituent part of dossier.

Article 7. Opening dossier

1. The Ministry of Science and Technology organizes opening dossiers, checking and confirming validity of dossiers with participation of representatives of relevant agencies (if any), representatives of organizations, individuals registering participation in selection, direct assignment.

2. A valid dossier is a dossier being prepared in according to proper Forms and meeting requirements specified in Article 4, Article 5 and Article 6 of this Circular.

3. The process and result of opening dossier are recorded into a minutes (Annex 2, Form B2-1).

4. Dossiers are put in to consider, evaluate when satisfy conditions specified in clause 2 of this Article. 

Article 8. The council of science and technology

1. The Minister of science and technology establishes a council of science and technology to advise selection organizations, individuals to preside over implementation of themes, projects and a council of science and technology to approve outline of themes, projects for direct assignment (hereinafter referred to as council). Every council may advise for 1 (01) or some themes, projects (if themes, projects are in the same field).

2. A council has from 09 to 11 members, includes chairperson, vice chairperson, two (02) critical commissioners and other commissioners, of which:

a) Two-thirds (2/3) are experts with prestige, responsible spirit, possessing  educational level and suitable professional skills, deep understanding of specialized branch of science and technology assigned to advise and having at least 05-years  recently operation experiences  in specialized branch assigned for advisory.

b) One-thirds (1/3) are representatives of the state management agencies, policy-forming agencies, ministries, branches, corporations, economic groups and units be expected to enjoy result of themes, projects.  

For themes, projects under programs on science and technology at state level, not exceeding one (01) member from The Management Board of program and this person is not in position of chairperson or vice chair person or critical commissioner.

3. The experts, critical commissioners who have participated in the council of advisory for defining the science and technology task are prioritied to invite to participate in the Council of the corresponding themes, projects.

Members of council may take from the expert database of the Ministry of science and technology.

4. In necessary, the Ministry of science and technology may invite experts outside of council but deep understanding of researched field of themes, projects to consider and evaluate dossier.

5. Individuals in the following cases are not permitted to be member of council:

a) Individuals registering as head or participation in implementation of themes, projects.

b) Individuals belonging to organizations registering to preside over themes, projects.

6. The Ministry of science and technology preside over to organize sessions of council and appoint administrative secretary assisting council.

Article 9. Working principle of council

1. The administrative secretary of council shall prepare and send the following documents to all members of council and experts (if any) for minimum of 05 days before the session of council: 

a) Decision on establishment of council and the list enclosed;

b) Extracted list of themes, projects  having been approved;

c) Copy of original dossier or electronic copy of dossier registering participation in selection, direct assignment;

d) Form of comment report for theme (Annex 2, Form B2-2a), project (Annex 2,Form B2-2b);

e) Other elevant documents.

2. The session of council must have presentation of at leas two-thirds of number of councils’members, inclusive of chairperson or vice chairperson and two (02) critical commissioners.

3. The chairperson of council presides over sessions of council. If chairperson of council is absent, vice chairperson of council presides over session of council. The council appoints scientic secretary to record professional opinions of members and conclusion of council in the working minutes and relevant documents of council. Opinion in writing of member being absent (if any) just for reference value.

4. The responsibilities of council’s members:

a) To evaluate truthfully, objectively and fairly; take individual responsibility for their evaluation result and collective responsibility for general conlusion of council. Council’s members, experts (if any) and council’s administrative secretary are responsible for keeping secret on information relating to course of evaluation, selection, direct assignment.

b) To research, analyze each content and information declared in dossier; comment, evaluate strength, weakness and general evaluate each dossier under specified requirements; write comment-evaluation and explanation on evaluation; give scoring  under criteria stated in prescribed forms. 

c) Council’s members give scoring independently under groups of criteria of evaluation and scoring scale being prescribed.   Before scoring, council discuss in common to unify viewpoint, method to give scoring with respect to each criterion.

Article 10. Evaluation of dossier

Dossiers of selection, direct assignment are evaluated by the scoring method, the maximum is 100 marks, under groups  of criteria and the scoring scale as follows:

1. For themes:

a) Overall evaluation (the maximum point is 8);

b) Content, method of research and technique of use (the maximum point is 24):   

c) Science and technology product (the maximum point is 16);

d) Capacity to apply products and impact of results from research (the maximum point is 16);

dd) The feasibility of plan on implementation organization (the maximum point is 16);

d) The capability of organizations and individuals participating in (the maximum point is 20).

2. For projects:

a) Overall evaluation (the maximum point is 8);

b) Objectives, contents and plan of deployment (the maximum point is 24);

c) Worth of technology (the maximum point is 16);

d) Beneit of project (the maximum point is 16);

dd) Financial plan (the maximum point is 20);

e) Capability to implement (the maximum point is 16).

Article 11. The working order and content of council

1. The administrative secretary read content of decision on establishment of council, the minutes of opening dossier, introduct council’s members and representatives participating.

2. The representative of the Ministry of science and technology states requirements and main contents on selection, direct assignment of themes, projects of this Circular. 

3. The council exchanges to unify the working principle and appoints a (01) member to do as scientic secretary.

4. For themes, projects appointed to directly assign, organizations, individuals assigned shall prepare dossier to present in summary before council the outline of explanation on themes, projects, answer questions of council’s members (if any) and not continue to participate on the council’s session. 

5. The council executes to evaluate dossiers participating in selection, direct assignment.

a) Presenting the critical opinions and experts' opinions (if any) on comment of evaluation of dossier registering selection, direct assignment of themes, projects;

- The critical commissioners, experts evaluate, analyze each dossier and compare among dossiers registering a (01) same theme or project under the prescribed criteria.

- The Council may raise question to critical commissioners, experts on each evaluation criterion relating to each dossier.

- After answer questions of council’s members, experts not being council's members do not continue to participate in the council’s session

- The scientic secretary read comments in writing of member being absent (if any) for council consider and reference.

b) Council discusses and evaluates dossier;

- Council exchanges, discusses, evaluates each dossier based on the prescribed critiria and compares with dossiers for selection, direct assignment of a (01) same theme, project.

- Aftre dicussing, council’s members give points independently for each dossier based on criteria and scoring scale prescribed for theme (Annex 2, Form B2-3a), project (Annex n, Form B2-3b).

6. Council elects the vote-counting committee and ballot.

a) The vote-counting committee includes 03 council’s members (in which elect a paerson as the head). Administrative secretaries shall help the vote-counting committee for work.

b) Council casts the scoring evaluation vote for each dossier under the ballot method.   A valid evaluation vote is vote being performed in according to proper instruction indicated on vote.

7. Suming up results of evaluation in selection, direct assignment.

a) The vote-counting committee sums up and reports council on result of counting votes (Annex 2, Form B2-4).

b) Council rank dossiers which evaluated with total average points from high to low (Annex 2, Form B2-5) under the following conditions:

- Dossier with total average points of criteria must attain at the minimum 70/100. In which no criterion is evaluated zero point (0 point) by 1/3 number of absent council’s members. Council rank dossiers with total average points from high to low.

- For dossiers with the same total average points, dossier having the higher point of chairperson of council (or point of vice chairperson of council, if chairperson of council is absent) is prioritied to rank.

- If point of chairperson of council (or point of vice chairperson of council, if chairperson of council is absent) is the same for dossiers, council shall sort at a same rank and propose plan to select.

8. Council passes minutes on the working result of council, propose organization, individual selected or assigned directly to preside over themes, projects: 

a) Organization, individual being proposed for selection by council are organization, individual having dossier ranked with higest total average point specified in point b, clause 7 of this article.

b) Council discuses to unify poposal on points need to amend, supplement in explanation of theme or explanation of project, main science and technology products with corresponding economy-technical norms must attain and propose on funds for implementation of themes, projects; stating points need to pay attention to finalize dossier of organizations, individuals being proposed for selection or directly assignment by council.

c) Council formulates the working minutes (Annex 2, Form B2-6) send it to the Ministry of science and technology.

Article 12. Approval of result

1. Before approving organizations and individuals selected or directly assigned to preside over themes, projects, the Ministry of Science and Technology considers,  reviews dossiers; case of neccesry, the Ministry of Science and Technology may require council to reconsider or organize a new council to advise evaluation for dossiers having an unresonable evaluation result; inspect actually technical-material facilities, personnel and financal capacity of organizations,individuals proposed to preside over implementation of themes, projects.

2. Based on conclusion of council, result of reviewing and proposal of functional units under the Ministry of Science and Technology, the Minister of Science and Technology sign the decision on approving organizations, individuals to preside over implementation of themes, projects. 

3. Organizations, individuals preside over implementation of themes, projects shall amend, finalize dossier in according to conclusion of council and send it to the Ministry of science and technology within 15 days since receiving notification on result of selsection, direct assignment to execute appraisal of content and funds, as the basis for allocation of plans on implementation.

Article 13. Keeping original dossier

Within a (01) year since the day when the Minister of Science and Technology sign the decision on approving organizations, individuals preside over implementation of themes, projects, the administrative secratories of councils  shall submit the original dossiers (inclusive of fail dossiers) to keep in the Storing room, Office of the Ministry of Science and Technology.  

Article 14. Complaint, denunciation

1. Organizations, individuals have right to complaint, sue over administrative decisions and administrative acts of agencies, competent organizations relating to the selection, direct assignment for organizations, individuals to preside over themes, projects.

2. Citizens are entitled to denuncia acts of violations of law on selection, direct assignment for organizations, individuals to preside over themes, projects.

3. Complaint, denunciation and solving of complaints, denunciations comply with provisions of law.

Article 15. Application of Circular

Ministries, ministerial-level agencies, governmental agencies, People’s Committees of central-affiliated cities and provincesat may apply provisions of this Circular to organize selection, direct assignment implementation of themes of scientic research and technological development, trial production projects within their management authority and scope.

Article 16. Organizating implementation

1. This Circular takes effect after 45 days from the day of signing for promulgation and replaces Regulation on selection, approval for organizations,individuals to preside over implementation of science and technology themes, projects  at state level promulgated together with the Decision No. 10/2007/QD-BKHCN of May 11, 2007, of the Minister of Science and Technology and the Circular No. 08/2011/TT-BKHCN of June 30, 2011 of the Minister of Science and Technology (part amending and supplementing a number of articles of regulation promulgated together with the Decision No. 10/2007/QD-BKHCN).   

2. In the course of implementation, any problems arising, agencies, organizations, and individuals should be promptly reported to the the Ministry of Science and Technology for researching and amendment, supplement. /.