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MINISTRY OF
SCIENCE AND TECHNOLOGY
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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No.:
08/2016/TT-BKHCN
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Hanoi, April 24,
2016
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CIRCULAR
AMENDMENTS TO CIRCULAR NO. 32/2014/TT-BKHCN DATED NOVEMBER
06, 2014 BY MINISTER OF SCIENCE AND TECHNOLOGY PROVIDING REGULATIONS ON
MANAGEMENT OF THE SCIENCE AND TECHNOLOGY MARKET DEVELOPMENT PROGRAM BY 2020
Pursuant to Decree No.
20/2013/ND-CP dated February 26, 2013 of the Government defining the functions,
tasks, powers and organizational structure of the Ministry of Science and
Technology;
Pursuant to Decree No.
08/2014/ND-CP dated January 27, 2014 of the Government providing for details
and guidelines for implementing a number of articles of the Law on Science and
Technology;
In implementation of
Decision No. 2075/QD-TTg; dated November 08, 2013 of the Prime Minister
approving the Technology and Science Market Development Program by 2020;
At the request of Director
of National Agency for Technology Entrepreneurship and Commercialization
Development and Director of Legal Department;
Minister of Science and
Technology promulgates this Circular to amend a number of articles of the
Circular No. 32/2014/TT-BKHCN dated November 06, 2014 by Minister of Science
and Technology providing regulations on the management of the Science and
Technology Market Development Program by 2020.
Article 1.
Amendments to Circular No. 32/2014/TT-BKHCN dated November 06, 2014 by Minister
of Science and Technology providing regulations on management of the Science
and Technology Market Development Program by 2020
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“Article 2. Interpretation
of terms
6. The unit in charge of
managing funds for implementing duties of the Program is the National Foundation for Science &
Technology Development (NAFOSTED) which is affiliated to Ministry of Science
and Technology.”
2.
Amendments to Article 3:
“Article 3. Duties of the
Program
1. Duties of the Program
include:
a) Scientific schemes,
scientific and technological topics of the Program as regulated in Article 7 of
this Circular;
b) Projects on investment and
construction of technology exchanges, and technology exchange centers as
regulated in Article 8 of this Circular; Projects on construction of technology
incubators, scientific and technological business incubators as regulated in
Article 10 of this Circular;
c) Scientific and technological
projects as regulated in Articles 9, 11, 12, 13, 14 and 15 of this Circular;
d) Annual and periodical duties
on science and technology market promotion and development as regulated in
Clause 2 of this Article;
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2. Annual and periodical duties
on science and technology market promotion and development consist of:
a) Organizing or participating
in events of technology and equipment markets (Techmart), virtual Techmart or
Online Techmart; running technology exchange websites and technology exchanges;
organizing or participating in seminars and talks to introduce appropriate, new
and advanced technologies;
b) Holding technology
demonstrations (Techdemo); promoting the commercialization of technologies;
conducting surveys and assessing the technological innovation by enterprises;
assisting local science and technology progress application centers in
application and transfer of technological advances;
c) Organizing exhibitions to
introduce findings on scientific research and technological development by
training and research institutions (Innovation Showcase); Startup Day and
innovation events; domestic and overseas exhibitions of potential scientific
and technological products and innovations; conferences on development of
science and technology market, and conferences on development of scientific and
technological enterprises; training officials and experts serving the science
and technology market; maintaining, updating and developing science and
technology market database, websites and portals; carrying out survey to
determine value of technology exchanges on the science and technology market;
d) Other activities essential
to promote the development of science and technology market.
3. Program-managing activities
include:
a) Activities of the Program
Management Board; the Program implementation and management activities
performed by the National Agency for Technology Entrepreneurship and
Commercialization Development, the NAFOSTED and relevant agencies affiliated to
Ministry of Science and Technology;
b) Communication activities,
training in the management and implementation of the Program;
c) Organizing domestic and
overseas sightseeing programs and field trips to learn experience from
successful and typical models of science and technology market development;
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3. Amendments
to Clause 1 Article 4:
“Article 4. Investment
projects of the Program
1. Procedures for appraisal, execution,
correction of execution progress, acceptance, payment, and reports on the
execution of contents and duties relating to projects on construction,
investment and development of scientific and technological potentials of public
technology exchanges, technology exchange centers in central-affiliated cities
or provinces and other public intermediaries shall be carried out in accordance
with applicable laws.”
4. Amendments
to Clause 1, Clause 5 and Clause 6 Article 5:
“Article 5. General
principles for determining the Program’s duties
1. Contents of a Program's duty
must be in conformity with the orientation of duties of the Program as approved
under Decision No. 2075/QD-TTg dated November 08, 2013 by the Prime Minister
giving approval for the Science and Technology Market Development Program by
2020, and the Framework of the Science and Technology Market Development
Program by 2020 approved by Minister of Science and Technology.
5. A duty of the Program may
include one or a number of duties mentioned in Clause 1 Article 3 of this
Circular.
6. The Program’s duties may be
determined on an annual basis or within a period in conformity with practical
demand.”
5. Amendments
to Article 6:
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The National Agency for Technology
Entrepreneurship and Commercialization Development shall record the codes of
the Program’s duties when receiving application dossiers for participation in
selection or direct assignment of entities to implement the Program’s duties as
regulated in Points a, c, d Clause 1 Article 3 of this Circular as follows:
TTKHCN.ĐT.XX-YY;
TTKHCN.ĐA.XX-YY;
TTKHCN.DA.XX-YY;
TTKHCN.HĐ.XX-YY.
Where:
TTKHCN refers to the sign of
the Program;
ĐT refers to the sign of the
application for registration under the form of the topic;
ĐA refers to the sign of the
application for registration under the form of the scheme;
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HĐ refers to the sign of the
application for registration under the form of annual or periodical duties;
XX refers to the sign of the
ordinal number of the application for registration;
YY refers to the sign of the
year of receiving the application for registration;
E.g. TTKHCN.DA.01-2016 means
the application for registration under the form of project No. 01, received in
2016, of the Science and Technology Market Development Program by 2020.”
6. Amendments
to Article 9:
“Article 9. Projects on
establishment and operational development of intermediaries
1. Selection criteria and
conditions
a) It must be an organization
functioned to provide scientific and technological services; and
b) The project on establishment
and operational development of an intermediary must be set up.
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a) Consultancy, formulation and
appraisal of a scheme on establishment and improvement of capacity of an
intermediary;
b) Training in skills in
commercializing findings on scientific research and technological development,
and placing orders for technical assistance, brokerage, consultancy and
assessment of technologies and intellectual property;
c) Training and improvement of
knowledge about the establishment, management and operation of intermediaries;
training professional human resources for the intermediary;
d) Activities belonging to
functions of a science and technology market intermediary;
dd) Building, maintaining,
updating and developing database, portals and websites of science and
technology market.”
7. Amendments
to Point a Clause 2 Article 11:
“Article 11. Projects on
organization of training courses for officials and experts to serve the
development of science and technology market
2. Subsidized contents
a) Domestic and foreign
training and improvement activities, and internet-based training in transfer
and exercise of use rights over technological innovations; management,
organization and operation of science and technology market development
activities;
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“Article 13. Projects on
support for commercialization of findings on scientific research and
technological development, and intellectual property
1. Selection criteria and
conditions
a) It must be an organization
competent to work out feasible plans, models or solutions for commercialization
of findings on scientific research and technological development, and
intellectual property; or
b) It must be an entity whose
technological innovation or product grows in term of the market size; or an
entity using technological applications or products; or an entity placing order
for production of technological products, carrying out technological transfer,
investment cooperation or consuming technological products.
2. Subsidized contents
a) Hiring experts to work out
the plan for commercialization, assessment and valuation of findings on
scientific research and technological development, and intellectual property.
The plan’s contents include: working out business strategies and models; plan
for transferring ownership or use right over findings on scientific research
and technological development; plan for technological transfer; plan for
investment in scientific research and technological development; plan for
technology incubation or scientific and technological business incubation; and
plan for establishment of affiliated scientific and technological
organizations;
b) Completing and testing
technological products (preparing samples, sample models, test products,
carrying out market surveys, market testing, evaluating market testing results,
improving technologies and technological products); formulating technical
regulations and standards, testing and calibrating technologies and
technological products; carrying out application procedures for registration of
intellectual property, issuance of license for free sale of technologies and
technological products;
c) Conducting market surveys
and research; applying findings on scientific research and technological
development, and intellectual property to business and production, providing
public services to serve public interests and social security;
d) Participating in training
and improvement activities in transfer and exercise of use rights over
technologies; management, organization and operation of science and technology
market development activities;
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9. Amendments
to Clause 2 Article 14:
“Article 14. Projects on
science and technology market promotion
2. Subsidized contents
a) Conducting market surveys
and research to collect information and determine potential subjects of science
and technology market promotion activities;
b) Organizing or participating
in technology and equipment markets (Techmart), virtual Techmart and online
Techmart; seminars and talks to introduce appropriate, new and advanced
technologies; technology demonstrations (Techdemo), promoting the
commercialization of technologies; organizing exhibitions to introduce findings
on scientific research and technological development by training and research
institutions (Innovation Showcase); Startup Day and innovation events;
Innovation Day and exhibitions to introduce potential scientific and
technological products (Techshow) in Vietnam and foreign countries; conferences
for development of science and technology market, and scientific and
technological businesses, including the following activities:
- Activities of expert consultants,
arts design, overall decoration, sound and lighting techniques;
- Opening ceremony, activities
of MC and technicians;
- Activities of participants in
the event, including travel, accommodation, transport of equipment, samples and
models;
- Activities of organization
board, advisory board, rewarding board, expert consultants, independent
scientists, participants in exhibition stalls and other participants in the
event;
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- Printing necessary documents
(brochures, catalogs, invitations, etc.) of the event;
- Translating documents; organizing science and technology seminars;
- Leasing premises (including
security, electricity and water-related activities); stall installation;
displaying and showing products;
- Awarding (certificates of
merit), certificates, reliefs, campaign medals; organizing prize-giving day;
- Other necessary activities.
c) Giving consultancy, introducing
and promoting the commercialization of new technologies and products thereof of
scientific and technological organizations, enterprises and researchers,
technology exchanges and centers applying scientific and technological advances
in central-affiliated cities or provinces.”
10.
Amendments to Article 16:
“Article 16. Determination
of duties of the Program
1. Scientific and technological
duties prescribed in Point a and Point c Clause 1 Article 3 of this Circular
shall be determined and implemented in accordance with regulations in Article
16a of this Circular.
2. Scientific and technological
duties prescribed in Point b Clause 1 Article 3 of this Circular shall be
determined and implemented in accordance with prevailing regulations on
investment and development projects.
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11.
Supplementing Clause 16a to Article 16:
“Article 16a. Determination
and implementation of scientific and technological duties of the Program
1. Ministries, regulatory
bodies and local governments shall establish, verify and send proposal for
ordered scientific and technological duties to the National Agency for
Technology Entrepreneurship and Commercialization Development.
2. With regard to a project on
support for the commercialization of findings on scientific research and
technological development, and intellectual property which meets selection
criteria and conditions as regulated in Clause 1 Article 13 of this Circular:
a) The entity that has the
ownership or use right over findings on scientific research and technological
development, and intellectual property shall send the proposal for scientific
and technological duties to the National Agency for Technology Entrepreneurship
and Commercialization Development;
b) The Program Management Board
shall coordinate with the National Agency for Technology Entrepreneurship and
Commercialization Development to seek or suggest orders of Ministry of Science
and Technology on the basis of the following criteria:
- That is an interregional or
intersectoral proposal;
- It's able to commercialize
findings on scientific research and technological development, and intellectual
property;
- Technology exchanges on the
market are promoted;
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3. Determination and
implementation of scientific and technological duties of the Program shall
comply with regulations in Circular No. 05/2015/TT-BKHCN dated March 12, 2015
by Minister of Science and Technology providing for the management of National
science and technology program; Circular No. 07/2014/TT-BKHCN dated May 26,
2014 by Minister of Science and Technology providing for procedures for
determination of national-level scientific and technological duties with
funding from state budget; Circular No. 10/2014/TT-BKHCN dated May 30, 2014 by
Minister of Science and Technology on selection and direct assignment of
entities to implement national science and technology duties with funding from
state budget; Circular No. 23/2014/TT-BKHCN dated September 19, 2014 by
Minister of Science and Technology on amendments to a number of articles of the
Circular No. 10/2014/TT-BKHCN; Circular No. 05/2014/TT-BKHCN dated April 10,
2014 by Minister of Science and Technology on promulgation of “Form of Contract
for scientific research and technological development”; Circular No. 04/2015/TT-BKHCN
dated March 11, 2015 by Minister of Science and Technology on inspection,
assessment, adjustment and termination of contracts during the implementation
of national-level scientific and technological duties with funding from state
budget; Circular No. 11/2014/TT-BKHCN dated May 30, 2014 by Minister of Science
and Technology on assessment and acceptance of implementation results of
national-level scientific and technological duties with funding from state
budget and other relevant legislative documents.
4. Description and evaluation
of duties prescribed in Articles 9, 11, 12, 13, 14 and 15 of this Circular
shall comply with forms stated in the Annex enclosed to this Circular. To be
specific:
a) With regard to projects on
establishment and development of operations of intermediaries prescribed in
Article 9, the forms No. B1-1-TMDATG, B1-2-NXDATG, B1-3-ĐGDATG stated in the
Annex enclosed herewith shall be used;
b) With regard to projects on organization
of training courses for officials and experts to serve the development of
science and technology market prescribed in Article 11, the forms B2-1-TMDAĐT,
B2-2-NXDAĐT, B2-3-DGDAĐT stated in the Annex enclosed herewith shall be used;
c) With regard to projects on
assessment of technological need and capacity for technological supply
prescribed in Article 12, the forms No. B3-1-TMDAĐG, B3-2-NXDAĐG, B3-3-ĐGDAĐG
stated in the Annex enclosed herewith shall be used;
d) With regard to projects on
support for the commercialization of findings on scientific research and
technological development, and intellectual property prescribed in Article 13,
the forms No. B4-1-TMDATMH, B4-2-NXDATMH, B4-3-ĐGDATMH stated in the Annex
enclosed herewith shall be used;
dd) With regard to projects on
science and technology market promotion prescribed in Article 14, the forms No.
B5-1-TMDAXT, B5-2-NXDAXT, B5-3-ĐGDAXT stated in the Annex enclosed herewith
shall be used;
e) With regard to communication
projects serving the development of science and technology market prescribed in
Article 15, the forms No. B6-1-TMDATT, B6-2-NXDATT, B6-3-ĐGDATT stated in the
Annex enclosed herewith shall be used.
5. The request for seeking
information about the duties prescribed in Articles 7, 9, 11, 12, 13, 14 and 15
shall comply with form No. B7-YCTrC stated in the Annex enclosed to this
Circular.
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12.
Supplementing Clause 16b continued from Article 16a:
“Article 16b. Determination
and implementation of annual and periodical duties on promotion of science and
technology market
1. The affiliates of Ministry
of Science and Technology shall annually submit their descriptions of annual
and periodical duties on the promotion of science and technology market by
using the form No. B8-1-TMNV stated in the Annex enclosed herewith to the
National Agency for Technology Entrepreneurship and Commercialization
Development directly under the Ministry of Science and Technology. The National
Agency for Technology Entrepreneurship and Commercialization Development shall
coordinate with Department of Planning and General Affairs in considering and
submitting consolidated report to Minister of Science and Technology to decide
the list of duties being implemented under the method of direct assignment.
2. The National Agency for
Technology Entrepreneurship and Commercialization Development shall, pursuant
to the Decision on giving approval for the list of annual and periodical duties
on the promotion of science and technology market by Minister of Science and
Technology, ask for approval from Minister of Science and Technology for the
establishment of the Board of consultancy and appraisal of funding for
implementation of duties (hereinafter referred to as the Appraisal Board).
3. Appraisal Board:
a) The Appraisal Board is
comprised of 05 members, including:
- One (01) Chairperson who is
the representative of the Program Management Board;
- One (01) Deputy Chairperson
who is an expert in development of science and technology market;
- Three (03) members who are
representatives of Department of Planning and General Affairs, Department of
Finance and the National Foundation for Science & Technology Development
(NAFOSTED).
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- At least four-fifths of the
members of the Appraisal Board must be present, including the Chairperson and
Deputy Chairperson of the Board.
- The Appraisal Board shall
make written record of appraisal of duties and funding for implementation
thereof by using the form No. B8-2-BBTD stated in the Annex enclosed to this
Circular.
4. Based on appraisal results
by the Appraisal Board, the National Agency for Technology Entrepreneurship and
Commercialization Development shall report to the Minister of Science and
Technology to consider and give approval for the entity directly assigned to
implement duties.
5. The National Foundation for
Science & Technology Development (NAFOSTED) shall, based on Decision on
approval for responsible organization, in-charge individual, funding and time
for implementation of duties, coordinate with the National Agency for
Technology Entrepreneurship and Commercialization Development in entering into
contract with the responsible organization for implementation of duties by
using the Form No. B8-3-HĐ stated in the Annex enclosed herewith.
6. The organization responsible
for implementing duties shall make report on implementation results by using
the form No. B8-4-BCĐG stated in the Annex enclosed herewith, and send it to
the National Agency for Technology Entrepreneurship and Commercialization
Development in order to report to Minister of Science and Technology for
establishing the board in charge of assessing and accepting implementation
results.
7. The board in charge of
assessing and accepting implementation results:
a) The Board is comprised of 05
members, including:
- One (01) chairperson who is
the representative of the Program Management Board;
- One (01) Deputy Chairperson
who is an expert in development of science and technology market;
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b) Operational rules of the
Board:
- At least four-fifths of the
members of the Appraisal Board must be present, including the Chairperson and
Deputy Chairperson of the Board.
- The Board shall make a written
record of its assessment and acceptance of the implementation results of duties
by using the form No. 8-5-BBNT stated in the Annex enclosed to this Circular.
8. Based on the written record
of assessment and acceptance of implementation results, the National Agency for
Technology Entrepreneurship and Commercialization Development shall report to
Minister of Science and Technology to consider and make decision on
certification of such implementation results.
9. Procedures for liquidating
the contract for implementation of duties shall follow the form No. B8-6-TLHĐ
stated in the Annex enclosed to this Circular.”
13.
Amendments to Clause 3, Clause 4 and Clause 5 of Article 25:
“Article 25. Organization of
Program implementation
3. The National Agency for
Technology Entrepreneurship and Commercialization Development is responsible
for determining the Program’s duties; receiving proposals for duties; carrying
out procedures for selection and direct assignment of entities to implement the
Program’s duties; conducting the assessment and acceptance of implementation
results of the Program’s duties and fulfilling other assigned tasks related to
the management of the Program’s duties.
4. The National Foundation for
Science & Technology Development (NAFOSTED) shall coordinate with the
National Agency for Technology Entrepreneurship and Commercialization
Development in carrying out procedures for entering into the contract for
implementation of scientific and technological duties, allocating funding and
making statement of expenditures for contract execution and fulfilling other
assigned tasks related to the management of funding for implementing the
Program’s duties.
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14.
Amendments to Clause 1 and Clause 5 of Article 28:
“Article 28.
Responsibilities of relevant ministries, regulatory bodies and local
governments
1. Based on guidance by
Ministry of Science and Technology, relevant ministries, regulatory bodies and
local governments shall propose scientific and technological duties to the
Program provide instructions on establishment of plans and organize the
implementation of their science and technology market development programs;
facilitate entities in participating and effectively fulfilling assigned
duties.
5. Relevant ministries,
regulatory bodies and local governments shall establish their science and
technology market development programs on the basis of contents of the Science
and Technology Market Development Program by 2020; mobilize funding from other
sources as regulated by laws to implement the Program’s duties.”
15.
Amendments to Article 29:
“Article 29.
Responsibilities of the responsible organizations
1. Develop approved contents to
implement targets and products of the Program’s duties.
2. Assume responsibility for
the progress and results of the implementation of the Program’s duties.
3. Bear the inspection of the
implementation of the Program’s duties according to approved targets, contents
and progress.
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5. Make regular reports
(including 6-month, annual, preliminary and final summary reports) and
irregular reports on the implementation of the Program's duties and statement
of expenditures to competent authorities.”
16. Article
17, Article 18, Article 19, Article 20, Article 21, Article 22, Article 23 and
Article 24 are abrogated.
Article 2.
Effect
1. This Circular takes effect
as of June 10, 2016.
2. In case legislative
documents referred to in this Circular are amended or replaced, the new ones
shall apply.
3. Difficulties that arise
during the implementation of this Circular should be reported to the Ministry
of Science and Technology for consideration./.
PP MINISTER
DEPUTY MINISTER
Tran Van Tung
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