Thông tư 13/2015/TT-BNNPTNT

CIRCULAR

PROVIDING GUIDANCE ON PROCEDURES FOR RECOGNITION OF NEW TECHNOLOGICAL ADVANCES IN FIELD OF AGRICULTURE AND RURAL DEVELOPMENT

Pursuant to the Law on science and technology No. 29/2013/QH13;

Pursuant to the Decree No. 199/2013/NĐ-CP dated November 26, 2013 by the Government defining the functions, tasks, entitlements and organizational structure of the Ministry of Agriculture and Rural development;

At the request of the Director of the Department of Science, Technology, and Environment,

The Minister of Agriculture and Rural development promulgates the Circular providing guidance on procedures for recognition of development of technique and new technology in field of agriculture and rural development.

Chapter I

GENERAL PROVISION

Article 1. Scope of regulation

1. This Circular provides guidance on procedures for certification of development of technique and new technology applicable to the activities in field of agriculture and rural development.

2. This Circular is inapplicable to:

a) The recognition of plant varieties, animal breeds, aquatic breeds;

b) The test and registration of the circulation of agricultural materials under the State management of the Ministry of Agriculture and Rural development.

Article 2. Regulated entities

This Circular applies to organizations and individuals relating to the recognition of development of technique and new technology under the State management of the Ministry of Agriculture and Rural development.

Article 3. Interpretation of terms

In this Circular, these terms can be construed as follows:

1. Technological advance means the effect of science and technology tasks; technical measures, management measures, application measures.

Technological advances shall be conformable with the provisions in Article 6 of this Circular and shall be approved by a competent agency.

2. An intramural techno-scientific council means a Council established by an organization/individual with appropriate legal status and proficiency.

3. Technological advance recognizers (hereinafter referred to as recognizer) are Directorates and Departments affiliated to the Ministry of Agriculture and Rural Development who are in change of receiving, examining and recognizing technological advances within the task.

Article 4. Rights and obligations of organizations/individuals with recognized technological advances

1. The rights of organizations/individuals with recognized technological advances

a) May carry advertisement for the technological advances, announce and apply such technological advances in manufacture according to the legislation.

b) Make complaints, denunciation of the violations against their lawful rights and interests according to the legislation;

c) Other rights according to the legislation.

2. Obligations of organizations/individuals with recognized technological advances

a) Be responsible for the origin and relevant documents of the technological advances;

b) Draw up procedures for technical guidance and submit reports to local government where the technological advances is carried for cooperation in management;

c) Other obligations according to the legislation.

Chapter II

PROCEDURES FOR APPLICATION, RECOGNITION AND CANCELATION OF TECHNOLOGICAL ADVANCES

Article 5. Basis for recognition of technological advances

The recognition of technological advances shall be based on 1 of the following items:

1. Product or a part of product produced as the result of science and technology task that is assessed and receive acceptance.

2. Technical measures, management measures, application measures.

Article 6. Conditions for recognition of technological advances

1. Regarding technological advances creating new technology or solution:

a) Shall be novel, stable and highly competitive;

b) Of which product shall meet the requirements that reduces the impact on environment, develops effectively the natural resources with prospect of enlarging the manufacture, contributing in stabilizing social security.

2. Regarding technological advances creating technology and products to compete or replace the similar products receiving recognition in the nearest period, apart from the provisions in clause 1 of this Article, these following conditions shall be satisfy:

a) Can save at least 5% of production cost;

b) Have productivity over 10%

Article 7. Procedures for application of technological advances

1. Any organizations/individuals wishing to apply for recognition of technological advances shall submit directly or by post 01 application according to the provisions in clause 2 of this Article to a recognizer. The application shall be sealed with address written on it.

2. Application for recognition of technological advances shall include:

a) An application form for recognition of technological advances (the Form No. 1 enclosed herewith);

b) A report on the effect of technological advances (the Form No. 2 enclosed herewith);

c) Comments of organizations/individuals applying technological advances (the writing containing comments of an individual shall include the signature of such individual that is certified by a local competent authority) and the record of appraisal and assessment at the location applying technological advances (if any) (the Form No. 3a the Form No. 3b enclosed herewith);

d) Documents of the sessions of the Intramural techno-scientific council of the area where the premise of the applicant is located (the Form No. 4, the Form No. 5a (or 5b), the Forms No. 6 and 7a enclosed herewith) and a description of the comments of the Council.

3. Within 03 working days from the day on which the application is received, the receiving recognizer shall examine and provide the conclusion (using the Form No. 4 enclosed herewith) and send the applicant a written notification of the validity of the application.

Within 30 working days from the day on which the notification is sent, the applicant shall complete the application and submit it to the recognizer.

Within 10 working days from the day on with the satisfactory application is received, the recognizer shall promulgate the decision to establish the Technological advance recognition counseling council.

Article 8. Appraisal of technological advances

Within 5 working days from the day on which the Establishment Decision is promulgated, the Council or the Specialist team and the recognizer shall make an appraisal of technological advances.

The appraisal of technological advance shall be carried out in one of the two following forms:

1. The technological advance recognition counseling council (hereinafter referred to as the Council)

The Council shall include 07 or 09 members including: 1 chairman, 1 vice chairman, 1 secretary, 2 opponent commissioner and other commissioners, in which:

a) The chairman is a leader of the recognizer agency and the scientific secretary of the Council is a staff of the recognizer agency;

b) 01 member is the representative of the Department of Science, Technology, and Environment;

c) 01 member is the representative of the organization or local government applying technological advances.

Apart from the members of the Council, the recognizer agency shall appointed 01 administrative secretary assisting the preparation for the session of the Council.

The session of the Council is held when at least 2/3 of the members attend, including the chairman or authorized vice chairman, 02 opponent commissioner and a scientific secretary commissioner.

2. The technological advance recognition counseling team (hereinafter referred to as the Specialist team)

The Specialist team shall include 03 or 05 members, including a team leader, a secretary and the commissioner.  The team leader is a leader of the recognizer agency and the secretary is a staff of the agency.

3. Other members of the Council or the Specialist team shall be expert in a field relating to the technological advance requesting recognition.

The conclusion of the Council or the Specialist team is valid when it is approved by at least 2/3 of the members attending the session.

If necessary, the Council or the Specialist team shall request the recognizer agency to establish a group of appraiser to appraise and assess the location applying technological advances. a) The appraisal record using the Form No. 3b enclosed herewith.

4. Entities ineligible to participate in the Council and the Specialist team:

a) The author, individuals contributing to the technological advance;

b) People incurring penalties for administrative violations in science and technology activities or facing a criminal prosecution or having a criminal record not expunged;

c) Family of the author or individuals contributing to the technological advance or people with entitlements and benefits relating to such advance.

d) People having conflict of interest with the author of the technological advance.

5. Process of the Council

a) The chairman decides and draws up the agenda;

b) The Council appoints 03 members to the voting committee, including 1 leader;

c) Representatives of the applicant present the report on the effect of the technological advances using the Form No. 2 enclosed herewith;

d) Members of the Council put questions about the effect of technological advance and relevant matters. The representative of the applicant answers the questions (if any);

dd) The opponents announce the comments;

e) The Council discusses and assesses the technological advance using the Form No. 5a (or 5b) and the Form No. 6 enclosed herewith;

g) The chairman of the Council gives conclusion;

h) The secretary of the Council circulates the minutes according to the Form 7a enclosed herewith.

6. Process of the Specialist team

a) The leader of the Specialist team decides and draws up the agenda;

b) Members of the Specialist team put questions about the technological advance. The representative of the applicant answers the questions (if any);

c) The Specialist team discusses and assesses the technological advance using the Form No. 5a (or 5b) and the Form No. 6 enclosed herewith;

d) The leader of the team gives conclusion; the secretary of the Specialist team circulates the minutes according to the Form 7b enclosed herewith.

Article 9. Assessment and recognition of technological advances

1. Within 05 working days from the day on which the official session finishes, the Council and the Specialist team shall transfer all the documents on assessment and relevant documents to the recognizer.

If the recognizer agrees with the conclusion of the Council or the Specialist team, a written notification shall be sent to the applicant within 05 working days. Otherwise, the recognizer shall consider and decide itself within 05 working days.

2. Within 30 working days from the day on with the notification is received, the applicant shall complete the application according to the comments of the Council and submit them to the recognizer.

3. Within 15 working days from the day on which the satisfactory application is received, the recognizer shall examine and transfer it to the Department of Science, Technology and Environment to issue the code and serial number according to the provisions of Article 10 of this Circular. Within 10 working days from the day on with the document about the issuance of the code and serial number is received, the recognizer shall promulgate the decision to recognize the Technological advance.

Article 10. Regulations on code and serial number of technological advances

The Department of Science, Technology and Environment shall manage and issue the code and serial number to the technological advance within 03 working days from the day on which the document sent by the recognizer is received.

1. The application for issuance of code and serial number shall include:

a) Written request for code and serial number of technological advance from the recognizer agency.

b) The complete documents of technological advance. The documents prescribed in clause 2 Article 7 of this Circular;

2. Code, serial number of technological advances shall be in accordance with the format: TBKT xx-zz : yyyy/BNNPTNT

Where:

- TBKT is the abbreviation for technological advance.

- xx is the code: 01 is for the field of Agriculture (farming, plant protection, breeding, electromechanics and post-harvest technology); 02 is for the field o forestry; 03 is for the field of aquiculture; 04 is for the field of irrigation;

- zz is the serial number of technological advance.

The code and the serial number shall be separated with a dash (-)

- yyyy is the year of issue of the technological advance. The serial number of the technological and the year of issue shall be separated with a colon (:).

- BNNPTNT is the abbreviations for the Vietnamese name of the Ministry of Agriculture and Rural development, following the year of issue and a slash (/).

Article 11. Cancelation of technical development

1. Any recognizers shall cooperate with the Department of Science, Technology and Environment in annual inspecting and cancelling the technological advances specified in clause 2 of this Article.

2. A technological advance shall be cacelled in the following cases:

a) The application of technological advance does not satisfy the criteria specified in Article 6 of this Circular.

b) The recognition of technological advance expires;

Article 12. Extension of recognition of technological advances

1. The duration of the Decision on recognition of the technological advance does not exceed 05 years. After such period of time, if the technological advance is still applicable, the owner organization/individual shall make an application for extension.

2. The application form for the extension is the Form No. 8 enclosed herewith.

3. Within 10 working days from the day on with the application is received, the recognizer shall carry out an appraisal and issue the decision on extension of the technological advance. Procedures for the appraisal and the Decision on extension of recognition technological advance expires shall be conformable to the provisions of clauses 2 and 6 Article 8 of this Circular.

4. The technological advance shall be extended by not exceeding 5 years. The recognition of technological advance shall be extended only 1 time.

Chapter III

IMPLEMENTATION

Article 13. Responsibilities of the agencies and units affiliated to the Ministry of Agriculture and Rural Development

1. With regard to the Department of Science, Technology and Environment:

a) Lead the fulfillment of State management tasks assigned by the Ministries, preside over, provide guidance, supervise the issuance of code, serial number and send the Minister a report about the management and recognition of technological advance.

b) Preside over and cooperate with the recognizer in inspecting and assessing then request the recognizer to promulgate decision to cancel the technological advance not satisfying the requirements for technological advance.

2. Any recognizer within the assignment is responsible for:

a) Receiving the applications, examining and recognizing the technological advance;

b) Promulgating Decision on recognition of technological advance;

c) Cooperating with the Department of Science, Technology and Environment in fulfilling the State management tasks of technological advance;

d) Examining, supervising, handling the complaint, denunciation, and violations during the recognition of technological advance;

dd) Collecting and making report half-yearly and yearly or irregularly at the request of the leaders of the Ministries about the recognition of technological advance.

Article 14. Responsibilities of the Service of Agriculture and Rural development

1. Lead the management of the recognition of technological advance in local area.

2. Collect and make report half-yearly and yearly or irregularly at the request of the Ministry of Agriculture and Rural Development about the effect of technological advance in local area.

Article 15. Effect and implementation

1. This Circular comes into effect from May 10, 2015.

2. This Circular replace the Decision No. 86/2008/QĐ-BNN dated August 11, 2008 by the Ministry of Agriculture and Rural Development.

3. Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Agriculture and Rural development for modification./.