Nghị định 93/2014/ND-CP

DECREE

PROVIDING AMENDMENTS TO A NUMBER OF ARTICLES OF THE DECREE No. 64/2013/NĐ-CP DATED JUNE 27^th , 2013 BY THE GOVERNMENT PROVIDING FOR PENALTIES FOR ADMINISTRATIVE VIOLATIONS PERTAINING TO SCIENCE AND TECHNOLOGY ACTIVITIES AND TECHNOLOGY TRANSFERS

Pursuant to the Law on Government organization dated December 25, 2001;

Pursuant to the Law on Actions against administrative violations dated June 20^th, 2012;

Pursuant to the Law on science and technology dated June 18^th, 2013;

At the request of the Minister of Science and Technology,

The Government promulgates the Decree providing amendments to a number of articles of the Decree No. 64/2013/NĐ-CP dated June 27^th, 2013 by the Government providing for penalties for administrative violations pertaining to science and technology activities and technology transfers.

Article 1. Amendments to a number of articles of the Decree No. 64/2013/NĐ-CP dated June 27th, 2013 by the Government providing for penalties for administrative violations pertaining to science and technology activities and technology transfers:

1. Article 2 is amended as follows:

“Article 2. Remedial measures

Apart from the remedial measures specified in Clause 1 Article 28 of the Law on Actions against administrative violations violators are compelled to take on or multiple measures below:

1. Return the fund that is appropriated or improperly used;

2. Annul the reports or documents with untrue figures or contents;

3. Rectify publicly by means of mass media”.

2. Article 5 is amended as follows:

“Article 5. Violations against regulations on the operation of Science and Technology Council

1. A warning shall be imposed upon any individual who is member of Science and Technology Council that fails to follow the procedures or makes assessment unconformable to the criteria regulated by regulatory agencies during the consultation, appraisal, selection, assessment and acceptance of science and technology tasks.

2. A fine of from VND 500,000 to VND 1,000,000 for shall be imposed upon any individual who is member of Science and Technology Council that reveal or publish the information relating to the assessment, evaluation and the consultancy result without permission of the agency authorized to decide the establishment of the Council”.

3. Article 6 is amended as follows:

“Article 6. Violations against the regulations on registration of results of science and technology tasks funded by the State budget

A fine of from VND 2,000,000 to VND 5,000,000 (applicable to individuals) or a fine of from VND 4,000,000 to VND 10,000,000 (applicable to organizations) shall be imposed upon any entity that fails to register the result of science and technology tasks funded by the State budget according to the regulations by regulatory agencies”.

4. Article 7 is amended as follows:

“Article 7. Violations against regulations on science and technology activities

1. A warning shall be imposed upon any individuals/organizations performing a science and technology task funded by the State budget in a period exceeding the committed time without approval from the State management agency that assigned the task.

2. A fine of from VND 1,000,000 to VND 2,000,000 (applicable to individuals) or a fine of from VND 2,000,000 to VND 4,000,000 (applicable to organizations) shall be imposed upon any entity that provides untrue information in the application for selection about any of the following contents:

a) Results of science and technology activities of the presiding organization;

b) The science records of the individual that register for presiding over the science and technology tasks;

c) The capacity of cooperating organizations and individuals.

3. A fine of from VND 2,000,000 to VND 4,000,000 (applicable to individuals) or a fine of from VND 4,000,000 to VND 8,000,000 (applicable to organizations) shall be imposed upon any entity that performs any of the following acts:

a) Make untrue reports on the progress, contents, and results of researches;

b) Submit documents serving the assessment and appraisal of results of science and technology tasks with untrue figures and/or contents.

4. Remedial measures

Annul the reports or documents with untrue figures or contents, applicable to the acts specified in points a and b Clause 3 of this Article”.

5. Article 8 is amended as follows:

“Article 8. Violations against regulations on the report, registration, operation and dissolution of science and technology organizations

1. A fine of from VND 1,000,000 to VND 2,000,000 shall be imposed upon any science and technology organization that fails to report the operation situation according to the regulations by regulatory agencies.

2. A fine of from VND 1,000,000 to VND 2,000,000 shall be imposed upon any Vietnamese science and technology organization that fails to report to the Ministry of Science and Technology the establishment of affiliated science and technology organizations overseas, representative offices and branches offices overseas within 30 days from the day on which the establishment is permitted.

3. A fine of from VND 2,000,000 to VND 3,000,000 shall be imposed upon any science and technology organization that performs any of the following acts:

a) Fail to register with regulatory agencies for operation within 60 days from the day on which it is established;

b) Fail to apply for modification or reissuance of Certificate of Registration of Science and Technology Activities within 12 months from the day on which the Certificate is modified or lost.

4. A fine of from VND 2,000,000 to VND 4,000,000 (applicable to individuals) or a fine of from VND 4,000,000 to VND 8,000,000 (applicable to organizations) shall be imposed upon any entity that fails to comply with the procedures for dissolution of science and technology organization according to the law provisions.

5. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed upon any science and technology organization that performs any of the following acts:

a) Perform science and technology activities when the Certificate of registration of science and technology activities, the Certificate of operation of representative offices/branches or the License for establishment of representative offices/branches of foreign science and technology organizations has been suspended or revoked by a competent agency;

b) Perform science and technology activities unconformable to the content of the Certificate of registration of science and technology activities, the Certificate of operation of representative offices/branches or the License for establishment of representative offices/branches of foreign science and technology organizations;

c) Fail to maintain the operation conditions according to the registration of science and technology organizations.

6. A fine of from VND 10,000,000 to VND 15,000,000 shall be imposed upon any science and technology organization that performs any of the following acts:

a) Perform science and technology activities without the content of the Certificate of registration of science and technology activities, the Certificate of operation of representative offices/branches or the License for establishment of representative offices/branches of foreign science and technology organizations;

b) Lease out or lend out the Certificate of registration of science and technology activities, the Certificate of operation of representative offices/branches or the License for establishment of representative offices/branches of foreign science and technology organizations.

7. A fine of from VND 5,000,000 to VND 10,000,000 (applicable to individuals) or a fine of from VND 10,000,000 to VND 20,000,000 (applicable to organizations) shall be imposed upon any entity that forge the documents in the application for the Certificate of registration of science and technology activities, the Certificate of operation of representative offices/branches or the License for establishment of representative offices/branches of foreign science and technology organizations.

8. A fine of from VND 20,000,000 to VND 30,000,000 shall be imposed upon any Vietnamese science and technology organization that establishes an affiliated science and technology organization, a representative office or a branch overseas without permission of the Ministry of Science and Technology.

9. Additional penalties:

A suspension of the Certificate of registration of science and technology activities, the Certificate of operation of representative offices/branches or the License for establishment of representative offices/branches of foreign science and technology organizations for 01 to 03 months shall be imposed upon any organization that commits any of the violations specified in Point b Clause 6 of this Article".

6. Article 8a is added to the end of Article 8:

“Article 8a. Violations against regulations on the assessment of public science and technology organizations

1. A fine of from VND 3,000,000 to VND 6,000,000 shall be imposed upon any public science and technology organization that fails to facilitate the assessment serving the management of competent agencies.

2. A fine of from VND 5,000,000 to VND 10,000,000 (applicable to individuals) or a fine of from VND 10,000,000 to VND 20,000,000 (applicable to organizations) shall be imposed upon any entity that performs any of the following acts:

a) Conduct assessment with unconformable methods and criteria;

b) Conduct assessment dishonestly, subjectively or illegally;

c) Fail to publish the assessment result according to the law provisions”.

7. Article 9 is amended as follows:

“Article 9. Violations against regulations on possession and use of results of science and technology activities

1. A warning or a fine of from VND 500,000 to VND 1,000,000 (applicable to individuals) or a fine of from VND 1,000,000 to VND 2,000,000 (applicable to organizations) shall be imposed upon any entity that use the scientific research findings, figures, information from other individual/organization in scientific reports or scientific documents without mention of origin of such research findings.

2. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed upon any organizations authorized the right to ownership and/or right to enjoyment of research findings in terms of science and technology development funded by the state budget that performs any of the following acts:

a) Fail to report to the authority body the results of development or transfer of the right to ownership and/or the right to enjoyment of the research findings in terms of science and technology development;

b) Fail to notify the representative of the authority body of the incapability of development of the right to ownership of research findings in terms of science and technology development;

c) Fail to comply with the decision on authorization by the competent agency.

3. A fine of from VND 10,000,000 to VND 15,000,000 (applicable to individuals) or a fine of from VND 20,000,000 to VND 30,000,000 (applicable to organizations) shall be imposed upon any entity that performs any of the following acts:

a) Use and/or publish the figures and information technology process relating to results of science and technology activities within the ownership of another individual/organization without permission of such individual/organization;

b) Register and/or publish the scientific research works of another individual/organization without their permission;

c) Use creations/technical innovation, rationalize technology process or research findings of another individual/organization to participate in an exhibition or contest of science and technology without permission of such individual/organization.

4. Remedial measures:

a) Rectify publicly by means of mass media, applicable to the acts specified in points a, c and c Clause 3 of this Article;

b) Return the illegal benefits earned from the violations specified in points a, b and c Clause 3 of this Article (if any)".

8. Article 10 is amended as follows:

“Article 10. Violations against regulations on application and publication of results of science and technology activities

1. A fine of from VND 1,000,000 to VND 3,000,000 shall be imposed upon any organization being investor in socio-economic development project/program funded by the state budget that performs any of the following acts:

a) Fail to submit the report on use of funds for science and technology activities according to the regulations;

b) Fail to conduct researches to formulate scientific foundations for the preparation, investment and resolution of science and technology problems raised during the science and technology activities;

c) Fail to comply with the results of appraisal of scientific foundation and technology according to the regulations.

2. A fine of from VND 3,000,000 to VND 5,000,000 (applicable to individuals) or a fine of from VND 6,000,000 to VND 10,000,000 (applicable to organizations) shall be imposed upon any entity that publish the results of analysis, appraisal and assessment without permission of the regulatory agency that places the order.

3. A fine of from VND 5,000,000 to VND 10,000,000 (applicable to individuals) or a fine of from VND 10,000,000 to VND 20,000,000 (applicable to organizations) shall be imposed upon any entity that carries out the science and technology tasks funded by the state budget with commitment and determined address for application to manufacture and life but not participate directly or indirectly to the development of the research findings in manufacture and life.

4. A fine of from VND 10,000,000 to VND 15,000,000 (applicable to individuals) or a fine of from VND 20,000,000 to VND 30,000,000 (applicable to organizations) shall be imposed upon any entity that apply the results of science and technology tasks not funded by the state budget to manufacture and life and subject to appraisal according to the regulations but have not undergone appraisal by competent agencies in terms of science and technology.

5. Remedial measures:

a) Return the illegal benefits earned from the violations specified in Clause 2 of this Article (if any);

b) Destroy the goods/products harmful to health of human, animals, plants and the environment, cultural products with harmful contents, applicable to applicable to the acts specified in clause 4 of this Article”.

9. Article 12 is amended as follows:

“Article 12. Violations against regulations on registration, management and use of Fund for scientific and technological development

1. A fine of from VND 1,000,000 to VND 3,000,000 (applicable to individuals) or a fine of from VND 2,000,000 to VND 6,000,000 (applicable to organizations) shall be imposed upon any entity establish the Fund for scientific and technological development and perform any of the following acts:

a) Fail to notify the authority body in terms of science and technology of the Fund for scientific and technological development according to the regulations;

b) Fail to report the use of the Fund for scientific and technological development according to the regulations.

2. A fine of from VND 2,000,000 to VND 4,000,000 (applicable to individuals) or a fine of from VND 4,000,000 to VND 8,000,000 (applicable to organizations) shall be imposed upon any entity establish the Fund for scientific and technological development and perform any of the following acts:

a) Fail to formulate regulations on proposal, determination of tasks, conduct assessment and appraisal of science and technology tasks of the organization;

b) Fail to formulate regulations on use of Fund for scientific and technological development of the organization.

3. A fine of from VND 3,000,000 to VND 6,000,000 (applicable to individuals) or a fine of from VND 6,000,000 to VND 12,000,000 (applicable to organizations) shall be imposed upon any entity that carries out the management and use of the Fund for scientific and technological development unconformable to the registered contents.

4. A fine of from VND 4,000,000 to VND 8,000,000 (applicable to individuals) or a fine of from VND 8,000,000 to VND 16,000,000 (applicable to organizations) shall be imposed upon any entity that establishes the Fund for scientific and technological development without operation registration.

5. A fine of from VND 10,000,000 to VND 15,000,000 (applicable to individuals) or a fine of from VND 20,000,000 to VND 30,000,000 (applicable to organizations) shall be imposed upon any entity that fails to return on schedule the funding from the Fund for scientific and technological development covered by the state budge funds without permission of regulatory agencies.

6. A fine of from VND 30,000,000 to VND 40,000,000 shall be imposed upon any organizations subject to establishing the Fund for scientific and technological development that contributes unconformable amount to the Fund for scientific and technological development.

7. A fine of from VND 40,000,000 to VND 50,000,000 shall be imposed upon any organizations subject to establishing the Fund for scientific and technological development that fails to take money from the taxable income of enterprise to contribute to the Fund for scientific and technological development.

8. Remedial measures:

a) Return the amount of fund that is appropriated or not returned on schedule as prescribed in Clause 5 of this Article;

b) Return the illegal benefits earned from the violations specified in Clause 5 of this Article (if any)”.

Article 2. Effect

This Decree comes into effect from December 15^th, 2014.

Article 3. Transitional clause

If a violation pertaining to science and technology activities is committed before December 15^th, 2014 and discovered later or is bearing consideration and/or solution, the regulations that are more beneficial for the violator shall prevail.

Article 4. Responsibilities

1. The Minister of Science and Technology shall provide guidance on the implementation of this Decree.

2. The Ministers, Heads of ministerial-level agencies, Heads of Governmental agencies, the Presidents of People’s Committees of central-affiliated cities and provinces are responsible for implementing this Decree./.