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THE MINISTRY
OF SCIENCE AND TECHNOLOGY
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.
07/2013/TT-BKHCN
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Hanoi, March
08, 2013
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CIRCULAR
PROVIDING FOR PRINCIPLE, FORM AND CONTENT OF COOPORATIVE DOCUMENTS WITH FOREIGN
COUNTRIES IN THE SCIENCE AND TECHNOLOGY
Pursuant to the Government’s
Decree No. 28/2008/ND-CP, of March 14, 2008 defining the functions, tasks,
powers and organizational structure of the Ministry of Science and Technology;
Pursuant to the Government’s
Decree No. 80/2010/ND-CP, of July 14, 2010 providing for foreign cooperation
and investment in science and technology;
At the proposal of Director of
Department of Technology Appraisal, Examination and Assessment,
The Minister of Science and
Technology promulgates the Circular providing for principle, form and content
of cooporative documents with foreign countries in the science and technology.
Article 1. Scope and subjects
of application
1. This Circular provides for principle,
form and content of cooporative contracts and agreements (hereinafter referred
to as cooporative documents) with foreign countries in the science and
technology.
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3. Provisions on principles, forms
and content of contract on technology transfers, contract on intellectual
property right transfer do not fall in scope of regulation of this Circular.
Article 2. Interpretation of
terms
The cooperative agreement in
science and technology means document providing for
provisions of general commitments, coordination mechanism, specific conditions
binding legal liability applicable to concerned parties.
The memorandum means document recording the initial intention (not legally binding) as
basis for parties to carry out next steps of cooperative activities in science
and technology.
The cooperative contract on
science and technology means agreement stipulating
benefits, obligations and duties of parties in coopearation for science study,
technology development study, provisions of services in activities of science
study and technology development.
Cooperative plan means document defining objectives, methods, results, roadmap,
neccesary resources for implementation of cooperative agreement in science and
technology.
Cooperative program means a written commitment on cooperation among parties of which have
clearly defined: Objectives, contents, method to perform, results of
cooperation need attain, used resources, time limit and plan on implementation,
obligations, benefits and duties of parties.
Article 3. The principles in
signing cooperative documents
1. Cooperative documents in
science and technology are agreed by parties on the basis of voluntariness,
equality, mutual benefit, conformable with law of Vietnam, International
treaties and agreements of which Vietnam is a member or international practices
(if any).
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Article 4. Languages used in cooperative documents
Languages used in cooperative
documents is Vietnames and foreign language as agreed by parties. Cooperative
document in Vietnamese and in foreign language have same legal valid.
Article 5. Form of cooperative
documents
1. Cooperative contract of science
and technology;
2. Memorandum;
3. Agreement;
4. Cooperative plan;
5. Cooperative program;
6. Other forms as agreed by
parties.
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1. For cooperative contract of
science and technology:
a) Information of parties joining
in contract;
b) Concepts and explanation of
terms that are used in contract;
c) Objectives, content, scope,
results need attain;
d) Location, time limit and
methods to perform agreements;
dd) Powers and duties of parties
in implementation of contract;
e) Provisions on using results and
sharing benefits from use of results from contract performance (if any);
f) Assesment and acceptance of
performed results;
g) Provisions on intelectual
property right (if any);
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i) Settlement of disputes;
k) Appliacble law;
l) Feasibility and socio-economic
effectiveness;
m) Other agreements.
2. For Memorandum:
a) Information of parties;
b) Basis of cooperation;
c) Principles of cooperation;
d) Objectives, content and form of
cooperation;
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3. For agreements, cooperative
plans and programs:
a) Information of parties;
b) Objectives, content, form of
cooperation and expected results;
c) Resources for implementation;
d) Methods of implementation
organization;
e) Implementation plan;
g) Mechanism of implementation
cooperation;
h) Feasibility and socio-economic
effectiveness.
Apart from contents specified in
clauses 1, 2 and 3 of this Article, parties may agree additionally other
contents in conformity with specific conditions of cooperative operation and
current laws.
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1. Within 15 (fifteen) working
days after signing cooperative documents, Vietnamese organizations of
individuals shall, on behalf of parties, send notice, enclosed with 01 copy of
cooperative document to competent state management agencies as prescribed in
clause 2 Article 10 of the Decree No. 80/2010/ND-CP, of July 14, 2010.
2. Ministries, Ministerial-level
agencies, Governmental agencies, People’s Committees of provinces and
centrally-run cities shall summarize cooperative operation situations in
science and technology of previous year and send them to
the Ministry of science and technology before February 15 annually.
Article 8. Implementation
provisions
1. This Circular takes effect 45
days after day of its signing.
2. In the course of
implementation, any arising problems should be reported to the Ministry of
Science and Technology for suitable amendments and supplementations.
FOR THE
MINISTER OF SCIENCE AND TECHNOLOGY
DEPUTY MINISTER
Chu Ngoc Anh