Thông tư 10/2014/TT-BKHCN

CIRCULAR

REGULATING THE SELECTION AND DIRECT ASSIGNMENT OF ORGANIZATION, INDIVIDUAL TO LEAD NATIONAL-LEVEL SCIENCE AND TECHNOLOGY TASKS FUNDED BY THE STATE BUDGET

Pursuant to the Law on Science and Technology dated June 18, 2013;

Pursuant to the Government’s Decree No.08/2014/NĐ-CP dated January 27, 2014 on providing instructions on the implementation of a number of articles of the Law on Science and Technology;

Pursuant to the Government’s Decree No.20/2013/NĐ-CP dated February 26, 2013 on defining the function, task, power and organizational structure of the Ministry of Science and Technology;

At the request of the Director of Department of General Planning and the Director of Department of Legal Affairs;

The Minister of Science and Technology hereby promulgates the Circular on regulating the selection and direct assignment of organization, individual in charge of national-level science and technology tasks funded by the state budget.

Chapter I

GENERAL PROVISIONS

Article 1. Applicable scope and entity

1. This Circular provides for the selection and direct assignment of organization, individual in charge of national-level science and technology tasks funded by the state budget (hereinafter referred to as science and technology task), including:

a) National-level science and technology themes (including the research theme of technology application and development, the research theme of social science and humanity as well as others related to other sectors – hereinafter referred to as theme);

b) Trial production project at the national level (hereinafter referred to as project);

c) National-level science initiative (hereinafter referred to as initiative).

2. The selection and direct assignment of organization and individual in charge of national-level science and technology tasks as regulated in Point dd, e, g, h, Clause 2 Article 25 of the Government’s Decree No.08/2014/NĐ-CP dated January 27, 2014 on providing instructions on the implementation of a number of articles of the Law on Science and Technology; tasks budgeted by subsidies, loans and secured loans granted by science and technology funds; tasks in liaising between science and technology organizations, scientists and other organizations, are not governed by this Circular.

3. This Circular is applied to organizations and individuals involved in the field of science and technology as well as others.

Article 2. Interpretation of terms

In this Circular, terms are construed as follows:

1. Selection means the selection of organization and individual that prove their best competence and experience to perform the science and technology tasks to meet the purchase order placed by competent agencies through consideration and assessment of applications for the selection under requirements and criteria set out in this Circular.

2. Direct assignment means the appointment of organization and individual that prove their proper competence, suitability and expertise to carry out science and technology tasks to meet the purchase order placed by competent agencies.

3. The ministry in charge of leading national-level science and technology tasks is the Ministry of Science and Technology, other Ministries, ministerial-level agencies, governmental bodies that are assigned by the Prime Minister to be mainly in charge of the development of national program/initiative for science and technology (hereinafter referred to as the Ministry of science and technology tasks).

Article 3. Rules of selection and direct assignment of organization and individual in charge of science and technology tasks

1. General rules:

a) Selection and direct assignment must be open to the public, fair and unprejudiced; the result of selection and direct assignment must be publicly posted on the electronic information portal or through mass media, except for the tasks classified as state secrets and those particularly serving the purpose of security and national defence;

b) Selection and direct assignment of organization and individual to lead the implementation of science and technology tasks must be carried out with the help of the Science and Technology Board (hereinafter referred to as Board), established by the Minister of science and technology tasks;

c) The Minister of science and technology tasks shall be legally responsible for his/her decision on selecting organization and individual to lead science and technology tasks after receiving advisory opinions from the Board. When necessary, the Minister of science and technology tasks has the right to collect contributed opinions from independent experts prior to making his/her decision;

d) Evaluation of pre-selection applications for the selection and direct assignment must be performed by scoring specific criteria as stipulated in Article 12 of this Circular;

dd) Each individual is only entitled to be a leader of one (01) science and technology task. The cooperation among organizations or individuals who get involved in the selection is enhanced to make the optimum use of resources, which serves to fulfill science and technology tasks.

2. Rules of selection:

a) General rules must be abided by as prescribed in Clause 1 of this Article;

b) The selection process is applicable to science and technology tasks that various organizations and individuals are capable of performing;

c) List of science and technology tasks, requirements and procedures for participating in the selection process must be publicly posted on the electronic information portal of the Ministry of science and technology tasks or through other mass media within a period of 30 working days in order for the applicants for the selection to prepare their application documents.

3. Directly-assigned science and technology tasks must be subject to one of the regulations specified in Clause 1 Article 30 of the Law on Science and Technology as well as observe the general rules stipulated in Clause 1 of this Article.

Direct assignment is performed in writing and sent to appointed organizations and individuals in order to request them to prepare application documents for the implementation of science and technology tasks after the Board’s advisory opinions on determining the tasks are obtained.

Article 4. Qualification for participating in the selection and direct assignment for the implementation of science and technology tasks

1. Science and technology organizations with their license and function suitable for science and technology tasks have the right to apply for the selection or are directly assigned to lead the task fulfillment, except for the following cases:

a) By the date on which the applications are submitted, all expenses accrued from the previous performance of contract are still outstanding;

b) Submitting records of acceptance testing of other national-level science and technology tasks, which is over 30 days later than the deadline for completing the research contract without consent from the Minister of science and technology tasks, shall not be entitled to participate in the prequalification to apply for the selection and direct assignment within a period of one (01) year from the contract finalization.

c) Any organization as the head or leader of the science and technology tasks who commits violations or errors which result in the task suspension or, after completion of the scientific and technological researches who does not apply the research results to production and human life in conformity to the contract for scientific research and technological development as well as the request of the procuring party, is not permitted to apply for the selection and direct assignment within a period of three (03) years from the date on which the conclusion of competent agencies is obtained.

d) Any entity that fails to fulfill the obligation to register and submit the result of science and technology task performance funded by the state budget for storage or fails to report the applicability of the result of task performance in accordance with regulations is not eligible to apply for the selection and direct assignment within a period of two (02) years.

2. In respect of an individual who applies for the position of leading the performance of science and technology tasks, (s)he must fully satisfy the following requirements:

a) Holding a university degree or higher education background;

b) Showing his/her proper expertise or holding the former position suitable for the current task performance as well as currently working on similar scientific tasks over recent five (05) years until the moment of submitting his/her application;

c) Playing his/her role as a leader or key participant in producing the demonstration of science and technology tasks;

d) Having his/her capability to directly implement or arrange sufficient time to lead researches as part of science and technology tasks.

3. Any individual that falls into the following cases is not eligible to apply for the selection and direct assignment to become a leader of science and technology tasks:

a) By the deadline for submitting the application, (s)he is still a leader of a national-level science and technology task (including theme and project of the program for national-level science and technology; initiative for national-level science; theme and project of national-level trial production; project of national-level science and technology; theme and project of science and technology conforming to the protocol; theme and project budgeted by the national Funds of science and technology or theme and project funded by loans or secured loans granted by the governmental reserves);

b) Any individual as a leader of a science and technology task, who submits the national-level acceptance testing record in a period ranging from 30 days to 6 months later than the deadline specified in the current regulation without any consent from the Minister of science and technology tasks, is not permitted to apply for the selection and direct assignment within two (02) years;

c) Any individual as a leader of a science and technology task of whom the acceptance testing is ranked “unsatisfactory”, in the event of being exempted from an extension granted by the Ministry of science and technology tasks to achieve the expected result of task performance or being granted an extension by which the expected result of task performance has yet to be achieved, shall not be qualified to apply for the selection and direct assignment within a period of three (03) years from the date on which the conclusion of the national Board of acceptance testing is announced;

d) Any individual as a leader of a science and technology task at all levels, who commits faults which may incur the suspension on his/her task performance and make him/her face criminal prosecution, shall be ineligible for the selection and direct assignment within a period of five (05) years from the date on which the decision to deal with such a case is reached by the competent agencies.

Chapter II

APPLICATION DOCUMENTS FOR THE SELECTION AND DIRECT ASSIGNMENT TO FULFILL SCIENCE AND TECHNOLOGY TASKS

Article 5. Application documents for the selection and direct assignment to fulfill science and technology tasks

Organization and individual must prepare their application documents for the selection and direct assignment to fulfill science and technology tasks according to instructions and forms specified in the Annex I attached in this Circular:

1. A copy of the Registration License for Science and Technology Activities held by the organization who applies for the leader or head to fulfill science and technology tasks.

2. A registration application for the lead position in the fulfillment of science and technology tasks (Form B1-1-ĐON).

3. A demonstration of scientific and technological themes (Form B1-2a-TMĐTCN or Form B1-2b-TMĐTXH); a demonstration of scientific and technological projects (Form B1-2c-TMDA); a demonstration of scientific and technological initiatives (Form B1-2d-TMĐA).

4. A summary of science and technology portfolio of the applicant for the lead position in the fulfillment of science and technology tasks (Form B1-3-LLTC) and an attached result of assessment of annual science and technology activities (if available);

5. A scientific resume of the individual who apply for the lead position in the fulfillment of science and technology tacks, certified by the personnel department of that individual (Form B1-4-LLCN).

6. A scientific resume of foreign experts attached with a proof of the expert salary (in case of hiring foreign experts).

7. A written confirmation of common consent for the cooperation among organizations who apply to perform the science and technology tasks together (if any), (Form B1-5-PHNC).

8. A written proof of the coordinator’s capability to organize proper science and technology personnel and arrange equipment as well as the competence for capital mobilization from different sources to serve the purpose of task performance (in case there is a partner in coordination and capital mobilization from different sources).

9. In terms of projects: A legal document on the commitment and explanation of the capital mobilization from other sources other than the state budget, which accounts for minimum 70% of total investment (based on the financial statements issued over recent 02 - 03 years; a commitment on granting loans or loan guarantees issued by credit institutions; legal commitment and written confirmation of the capital contribution of organizations selected as the leader or head of the task and those who participate in projects).

10. A quotation for the procurement of main equipment and raw materials for the purpose of fulfilling science and technology tasks.

Article 6. Submitting application documents for the selection and direct assignment to fulfill science and technology tasks

1. Application documents for the selection and direct assignment are composed of one (01) original set of documents (with stamp and handwritten signature) typewritten and printed on A4-sized sheet, formatted in Vietnamese font, Unicode in conformity with the national TCVN 6909:2001 standard, font size 14 and one (01) soft copy of these documents written on an optical disc (in unencrypted PDF format), all of which are put in a sealed envelope and clearly write the following information outside of the envelope:

a) Name of the science and technology task (program title and code, if any);

b) Name and address of the organization who applies for the lead or coordinating position in the task performance (only list out organizations that have confirmed their consent for coordination in the task performance);

c) Full name of individual who applies for the lead position in task performance and list of key individuals in charge of the science and technology tasks;

d) List of documents enclosed in the application envelope.

2. Application envelope sent in person or by post to the address as well as the submission deadline for the selection and direct assignment shall be publicly advertised by the Ministry of science and technology tasks through mass media.

3. Date of confirming the receipt of application envelope is the date specified by the postmark (if the application envelope is sent by post) or by the arrival mark stamped by the Ministry of science and technology tasks (if the application envelope is submitted in person).

4. Within the permitted deadline for the submission of application documents, organization and individual applying for the selection and direct assignment have the right to replace the submitted envelope with a new one or provide the submitted envelope with any further document. The replacement and supplement process must be completed by the permitted deadline; the supplemental document is an integral part of the application envelope.

Article 7. Opening and checking the validation of application documents for the selection and direct assignment to fulfill science and technology tasks

1. From the deadline for submitting the application for the selection to 10 working days later, the Ministry of science and technology tasks must hold a session to open, check and confirm the validation of the application documents, which is attended by representatives from relevant agencies (if necessary), organizations or individuals who apply for the selection and direct assignment.

2. Validated application documents accepted for the consideration and evaluation are those that have complied with forms and satisfied requirements as stipulated in Article 4, Article 5 and Article 6 of this Circular.

3. The result of opening the application envelope must be documented by filling out the Form B2-1-BBHS in the Annex II attached in this Circular.

Chapter III

COUNCIL OF SELECTION AND DIRECT ASSIGNMENT AND APPRAISAL TEAM OF EXPENDITURE ON THE PERFORMANCE OF SCIENCE AND TECHNOLOGY TASKS

Article 8. Council of selection and direct assignment and Appraisal Team of Expenditure on the performance of science and technology tasks

1. Council of selection and direct assignment and Appraisal Team of Expenditure on the performance of science and technology tasks are founded by the Minister of the Ministry of science and technology tasks.

2. The Council of selection and direct assignment of organization and individual in charge of the performance of science and technology tasks consists of 09 members, including president, vice president and two (02) scientific council members (one examiner and one secretary) and others including:

a) Six (06) members are experts who have suitable expertise in performing the science and technology tasks who are selected from the database of science and technology experts, created by the Ministry of Science and Technology;

b) Three (03) members are representatives from agencies who place or propose orders, managers or businesspersons who have proper competence and expertise in performing the advisory task;

c) If it is necessary to invite experts who are not listed in the expert database of the Ministry of Science and Technology or there is a great demand for more members participating in the council, the Minister of the Ministry of science and technology tasks shall make his/her own decision on this.

3. Those who fall into the following cases are not eligible to become councilors to evaluate the applications for selection and direct assignment:

a) Any individual who applies for the lead position or participates in the performance of science and technology tasks;

b) Any individual who works for an organization as an applicant for the lead position in the performance of science and technology tasks.

4. Experts and examiners who participated in the council of consultancy and determination of science and technology tasks shall be given priority to take part in the council of section and direct assignment for the performance of equivalent science and technology tasks.

5. Appraisal Team of Expenditure on the performance of science and technology tasks (hereinafter referred to as the Appraisal Team) comprises five (05) members, including:

a) Head of the Appraisal Team comes from the leadership of the task management unit, affiliated to the Ministry of science and technology tasks;

b) Two (02) Vice Heads of the Appraisal Team comes from the leadership of financial management unit, affiliated to the Ministry of science and technology tasks, and a representative from the science and technology general planning unit of the Ministry of Science and Technology;

c) One (01) member is the president, vice president or examiner of the council of selection and direct assignment for individual or organization in charge of performing the science and technology tasks;

d) One (01) member is a financial expert.

6. The Council and Appraisal Team must abide by the work rules, regulations and processes as stipulated in Article 10, 11, 12, 13 and 14 of this Circular and are assisted by 02 administrative clerks.

Article 9. Preparation for the meeting sessions of the council

Administrative clerks are responsible to prepare and deliver materials to all of councilors and members of the Appraisal Team or experts (if any) at a minimum of five (05) days before the meeting session for the purpose of evaluating applications for selection and direct assignment takes place, and at a minimum of three (03) days before the meeting session for the purpose of appraisal takes place.

1. Supporting documents or materials required for the meeting session on the evaluation of applications for selection and direct assignment must be composed of:

a) A decision on establishing the Council and an attached list of councilors;

b) Copies or extracts of list of approved science and technology tasks;

c) Hard or soft copies of original application documents for the selection and direct assignment;

d) Comment sheets for the science and technology tasks in accordance with the Form of the Annex II attached to this Circular: theme (Form B2-2a-NXĐTCN or Form B2-2b-NXĐTXH); project (Form B2-2c-NXDA); initiative (Form B2-2d-NXĐA);

dd) Other relevant materials.

2. Supporting documents and materials required for the meeting session on the appraisal of expenditure on the performance of science and technology tasks:

a) An explanatory statement on the rectified contents, enclosing a detailed demonstration and estimate, which is prepared by the lead of science and technology tasks;

b) A written conclusion drawn by the council of selection and direct assignment;

c) Appraisal sheets for the performance of science and technology tasks in conformity with the Form of the Annex III issued together with this Circular: theme/initiative (Form B3-1a-TĐĐT/A); project (Form B3-1b-TĐDA);

d) Other relevant documents or materials.

Article 10. Work rules and responsibilities of the Council

1. Work rules of the Council:

a) At least two-thirds of the entire membership of the council must be present, including a president or vice president, two (02) council members working as science examiner and secretary;

b) Administrative clerk receives all of comments or remarks in writing from council members;

c) The Council’s President must preside over the Council’s meeting sessions. If the Council's President is absent, Vice President must be authorized in writing to preside at the meeting session (Power of attorney following the Form B2-7-UQ at the Annex II attached to this Circular by the Council’s President);

d) Science secretary must keep an account of professional opinions from council members and the council's conclusion as well as other relevant documents kept by the Council.

2. Responsibilities of the Council members:

a) Send written comments or remarks on each application for the selection and direct assignment to the administrative clerk at a minimum of one (01) day ahead of the meeting session for the purpose of evaluating applications.

b) Evaluate all applications in an honest, unbiased and fair manner; bear personal responsibility for their evaluation result as well as assume collective responsibility for the common conclusion of the Council. Council members, experts (if any) and administrative clerk take full responsibility to treat all information pertaining to the evaluation process with complete confidentiality.

c) Study and analyze each content and information already provided in the application envelope; comment on strengths and weaknesses as well as give a general evaluation over each application envelope to check whether it satisfies regulated requirements; write comments, remarks as well as rationales for this evaluation; score specific evaluation criteria at the regulated form.

d) Separately score each criterion according to groups of evaluation criteria and regulated scoring scale. Before deciding scores, the Council must enter into the general discussion to ensure the consistency in standpoints and approaches to giving scores to each criterion.

dd) Propose the method of block-grant expenditure until the end product is achieved or each portion of science and technology task is completed.

Article 11. Working processes and contents of the Council

1. The administrative clerk reads the Establishment Decision of the Council and a written record on the opening of the application envelope as well as introduces the Council's members and delegates.

2. A representative of the Ministry of science and technology tasks announces main requirements and contents of the selection and direct assignment for the performance of science and technology tasks.

3. The Council enters into a discussion about the consistency of working rules and proceeds to elect the science secretary working for the Council.

4. Any individual, who is delegated by the organization applying for the selection and direct assignment to become the leader of science and technology task, must present to the Council a brief summary on the research outline and put forward the proposal for block-grant expenditure until the end product is achieved or each portion of the task is completely performed, answer every question raised by the Council members (if any) as well as discontinue participating in the meeting session of the Council.

5. The Council proceeds to evaluate the applications for selection and direct assignment:

a) The Council’s examiners and members must present their comments on each application and make a comparison of applications for one (01) science and technology task in accordance with the criteria prescribed in Article 12 of this Circular;

b) Science secretary must read all written comments sent by absent members (if any) for the purpose of the Council’s consideration and reference;

c) The Council discusses and evaluates each application in accordance with the regulated evaluation criteria. During discussion, the Council can pose questions to the Council’s examiners and members towards these comments;

d) The Council shall separately score each application according to the criteria and scoring system stipulated in the guiding Form of the Annex II attached to this Circular: theme ( Form B2-3a-ĐGĐTCN or B2-3b-ĐGĐTXH); project (Form B2-3c-ĐGDA); initiative (Form B2-3d-ĐGĐA), and vote for the evaluation and score of each application in the form of secret ballot;

dd) The Council elects members of vote counting board, including three (03) Council members – one is head of the board and two (02) are members.

6. The Council’s administrative clerks assist the vote counting board to compile a report on the voting result from the Council members by filling in the Form B2-4-KPĐG and rate the evaluated application envelopes in descending order, based on their scores, by filling in the Form 2-5-THKP in the Annex II attached to this Circular.

7. The Council must publicize scores and evaluation results of specific applications, approves the meeting minutes of the Council, request organization and individual, who have successfully passed the qualification for the selection and direct assignment, to play the leading role in performing science and technology tasks:

a) Organization, individual who are confirmed as the selected one is those whose applications must be given the highest average scores for each criterion and must be scored on a scale of 70/100 or higher. Of which there is none of criteria that are scored "zero" by more than one-third of present Council members;

b) If the applications are granted the equal average score, the application with the higher score given by the Council’s President (or the Council’s Vice President in case of the absence of the Council's President) shall be ranked higher.

8. The Council enters into the discussion about the consistency of following petitions:

a) Any amendment to the demonstration of science and technology tasks and key products which must satisfy equivalent economic-technical criteria;

b) The number of local and foreign experts required for the task performance;

c) The method of block-grant expenditure until the end product is achieved or each portion of the task is completely performed;

d) Any remark on which point needs to be corrected to complete the documentation of organization and individual that the Council has decided to select and directly assign to the task performance.

9. Science secretary must keep a complete record of working processes according to the Form B2-6-BBHĐ attached in the Annex II of this Circular.

Article 12. Evaluating organization and individual's applications for the selection and direct assignment for the performance of science and technology tasks

Organization and individual's applications for the selection and direct assignment for the performance of science and technology tasks shall be evaluated and given a maximum of 100 points based on the following criteria and scoring scale:

1. Research themes about technological application and development:

a) General overview (maximum score = 8 points);

b) Research contents, methodology and techniques (maximum score = 24 points);

c) Science and technology products (maximum score = 16 points);

d) Applicability and plans for the application of such products (maximum score = 16 points);

dd) Feasibility of plans for the task performance (maximum score = 16 points);

e) Competence of organization and individuals participating in the task performance (maximum score = 20 points).

2. Research themes about social science and humanity:

a) Objectives (maximum score = 4 points);

b) Research overview (maximum score = 16 points);

c) Research contents and plans (maximum score = 24 points);

d) Research approaches and methodology (maximum score = 12 points);

dd) Research products, significance and plans to transfer research findings (maximum score = 24 points);

e) Competence and experience of research organization and individual (maximum score = 20 points).

3. Research themes in other fields, depending on the research content, shall be evaluated through criteria and scoring scale as prescribed in Clause 1 or Clause 2 of this Article.

4. Trial production project:

a) General overview (maximum score = 8 points);

b) Objectives, contents and plans for the project development (maximum score = 24 points);

c) Technological value (maximum score = 16 points);

d) Project significance (maximum score = 16 points);

dd) Financial plan (maximum score = 20 points);

e) Capability of project development (maximum score – 16 points).

5. Science initiative

a) Research objectives (maximum score = 4 points);

b) General overview (maximum score = 16 points);

c) Development contents (maximum score = 24 points);

d) Research approaches and methodology (maximum score = 12 points);

dd) Products generated from the development of the initiative (maximum score = 24 points);

e) Competence and experience of research organization and individual (maximum score = 20 points).

Article 13. Work rules and responsibilities of the Appraisal Team

1. Work rules of the Appraisal Team:

a) At least 4 out of 5 members of the Appraisal Team must be present, including President or Vice President or an examiner from the Council in charge of selecting and directly assigning organization and individual to perform science and technology tasks;

b) Head of the Appraisal Team presides over the meeting session. If the Head of the Appraisal Team is absent, the Vice Head, who comes from the leadership of financial management unit, shall be authorized to preside over the meeting session.

2. Responsibilities of the Appraisal Team:

a) Take personal responsibility for their appraisal result and assume collective responsibility for the general conclusion of the Appraisal Team. Members of the Team, experts (if any) and administrative secretary are responsible to treat all information pertaining to the process of expenditure appraisal with complete confidentiality;

b) Assess the compatibility of research contents with the Council’s conclusions, budget estimates for the science and technology tasks with regulated financial regimes, economic-technical norms and current limits on the state budget spending issued by competent agencies to determine salaries or wages for persons in charge of the assigned tasks or costs of hiring local/foreign experts; budget support for the procurement of raw materials, equipment and other expenses as well as completion date of the task;

c) Enter into a discussion amongst members to seek consent to total expenditure required for the performance of science and technology tasks (including the financial support from the state budget and other sources), completion date of the task, methods of block-grant expenditure until the end product is achieved or each portion of the task is completely performed. Examine and verify the counterpart fund (not covered by the state budget) of the organization that applies for the selection and direct assignment.

3. Submit the report to the Minister of science and technology tasks and suggest plans to handle issues that arise during the appraisal of science and technology tasks, which are beyond their competence scope, in order for the Minister of science and technology tasks to consider any possible decision

a) If there is a great change to objectives and contents of science and technology tasks in comparison with the approved decision or conclusion of the Council of the selection and direct assignment;

b) If there is any discrepancy between the Appraisal Team and the leader of science and technology tasks in objectives, contents, budget, completion date and method of the task performance. Any comment or remark from the Appraisal Team and the task leader must be clearly stated as well.

c) If there is any member of the Appraisal Team dissenting from the general conclusion drawn by the Team and (s)he requests his/her personal opinions to be remained unchanged.

Article 14. Working processes and contents of the Expenditure Appraisal Team

1. Administrative clerk reads the Decision on the establishment of the Appraisal Team, introduces the team members, delegates, reads main conclusions drawn by the Council of selection and direct assignment in the meeting session organized to evaluate application envelopes.

2. The Head of Appraisal Team raises key requests and contents about the appraisal of expenditure on the performance of science and technology tasks.

3. The Leader of science and technology tasks must present amended contents after receiving contributed opinions from the Council in the meeting session of application evaluation, answer questions posed by the Appraisal Team’s members, consent to the method of block-grant expenditure until the end product is achieved or each portion of the task is completely performed, as well as discontinue participating in the meeting session held by the Appraisal Team.

4. Members of the Appraisal Team are the President or Vice President or expert examiners shall make comments on the research contents of science and technology tasks in comparison with the Council’s conclusion.

5. The Appraisal Team’s members must form their own opinions during the appraising process as guided at Point b and c Clause 2 of the Article 13.

6. Administrative clerk must assist the Appraisal Team in completing the record of appraisal according to the Form at the Annex III attached to this Circular: theme/initiative (Form B3-2a-BBTĐĐT/A); project (Form B3-2b-BBTĐDA), all of which are then collected for submission to the Minister of science and technology tasks to come up with his/her decision.

Article 15. Approving the result

1. Prior to approval, the Ministry of science and technology tasks must review all of applications. When necessary, independent advisers can be consulted in accordance with the regulations specified in Article 16 and 17 of this Circular or carry out physical verification to facilities, personnel and financial competence of organization or individual who are selected or directly assigned to perform the science and technology tasks.

2. On the basis of conclusions from the Council, Appraisal Team, the review result, requests from competent agencies or opinions from independent advisers, within a period of 10 working days, the administrative clerk is responsible to send an analysis and result to the Minister of science and technology tasks for his/her decision on the approval of the organization or individual selected as the leader as well as budget, method and completion date of science and technology task performance.

3. The organization and individual selected as the leader of science and technology tasks are responsible to revise and complete the documentation according to the conclusion of the Council and Appraisal Team within a period of 15 days (from the date on which the decision on approving the task performance is made) and send it to the Ministry of science and technology tasks to proceed to sign the contract and serve as the basis for planning the implementation.

4. Within a period of 10 working days from the issuing date of approval decision, the Ministry of science and technology tasks takes responsibility to publicly announce the result of selection and direct assignment as well as sustain the news posted for the minimum of 60 days on the electronic information portal of the Ministry of science and technology tasks.

Chapter IV

INDEPENDENT ADVISER

Article 16. Independent adviser

1. Independent advisers eligible to evaluate the application for the selection and direct assignment to perform science and technology tasks must meet the following requirements:

a) They must be experts listed in the database of science and technology experts, maintained by the Ministry of Science and Technology;

b) They have gained more than ten (10) years’ seniority in the field in which they are invited to give their consultancy;

c) They must be a good personality and have capability for civil acts.

2. The Minister of science and technology tasks decides on the selection of independent advisers who are foreign nationals or experts that are not prescribed in Clause 1 of this Article.

Article 17. Procedures for getting opinions from independent advisers

1. The Ministry of science and technology tasks must consult with at least two (02) independent advisers in the following cases:

a) Members of the Council of selection and direct assignment for the task do not agree with the result of selection and direct assignment;

b) The Council is in breach of regulations on selection and direct assignment;

c) There is any complaint and accusation regarding the performance and conclusion of the Council.

2. Task management unit is responsible to prepare and send the following materials to independent advisers:

a) Official dispatch issued by the Minister of science and technology tasks which aims to invite independent advisers to evaluate the application for selection and direct assignment;

b) Required documents or materials as prescribed in Point Circular, d Clause 1 Article 9 of this Circular;

c) Two (02) envelopes with available postage stamps and clearly write full name and mailing address of the recipient – the Minister of science and technology tasks.

Article 18. Responsibilities of independent adviser

1. Analyze, evaluate and pose critical questions about research contents, objectives and expected achievements after the science and technology task performance as well as evaluate the competence of the organization and individual selected as the leader of the task performance.

2. Accomplish the advisory report and treat the evaluation information with confidentiality as well as send it in a sealed envelope directly to the Ministry of science and technology tasks by the regulated deadline.

3. In the process of giving consultation, independent advisers are not allowed to contact or exchange information with the organization as the leader or head of the task or individuals participating in the selection and direct assignment of science and technology tasks. If any violation is found, the advisory result shall be invalidated and such a violation shall be handled under legal regulations.

Chapter V

IMPLEMENTATION

Article 19. Safekeeping of original documents and information management

1. Upon completion of selection, direct assignment and appraisal of expenditure on science and technology tasks, the administrative clerks are responsible to generate documentation and submit original applications (even failed ones) for safekeeping in compliance with current regulations.

2. Members of the advisory council of selection and direct assignment, main administrative clerk, relevant organizations and individuals must abide by the regulations on the selection process, treat all related information about the selection and direct assignment of the science and technology task performance with complete confidentiality.

Article 20. Applicable provisions

Ministries, ministerial-level agencies, Governmental agencies, People’s Committees of centrally-affiliated cities and provinces can apply this Circular or issue another different document, depending on the specific conditions of Ministries, sectors and localities without prejudice to the regulations specified in this Circular, which serves the purpose of selecting and directly assigning organization and individual to carry out science and technology tasks within the scope of their administration.

Article 21. Effect

1. This Circular comes into effect from August 01, 2014 and supersedes the Circular No.08/2012/TT-BKHCN dated April 02, 2012 on selecting and directly assigning organization and individual to lead the science and technology research and development projects, national-level trial production projects and the Circular No.09/2012/TT-BKHCN dated April 02, 2012 on selecting and directly assigning organization, individual to lead the national-level research projects on social science and humanity, developed by the Minister of Science and Technology.

2. Difficulties that arise during the implementation of this Circular should be timely reported to the Ministry for any further study and modification./.