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MINISTRY OF
FINANCE - MINISTRY OF SCIENCE AND TECHNOLOGY
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SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No.:
55/2015/TTLT-BTC-BKHCN
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Hanoi, April 22,
2015
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JOINT CIRCULAR
GUIDING
LEVELS OF ESTIMATES, ALLOCATION OF ESTIMATED FUNDS AND EXPENDITURE STATEMENT ON
SCIENTIFIC AND TECHNOLOGICAL TASKS WITH FUNDS FROM STATE BUDGET
Pursuant to
the Law on state budget No. 01/2002/QH11 dated December 16, 2002;
Pursuant to the
Law on Science and Technology No. 29/2013/QH13 dated June 18, 2013;
Pursuant to
the Government’s Decree No. 60/2003/ND-CP dated June 06, 2003 on detailing and
guiding the implementation of the Law on state budget;
Pursuant to
the Government’s Decree No. 08/2014/ND-CP dated January 27, 2014 on detailing and guiding the implementation of
the Law on Science and Technology;
Pursuant to
the Government’s Decree No. 215/2013/ND-CP dated December 23, 2013 defining
functions, tasks, powers and organizational structure of the Ministry of
Finance;
Pursuant to
the Government’s Decree No. 20/2013/ND-CP dated February 26, 2013 defining
functions, tasks, powers and organizational structure of the Ministry of
Science and Technology;
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Chapter I
GENERAL PROVISIONS
Article 1. Scope
This Circular provides for components of an
estimate for scientific and technological tasks with funds from state budget;
levels of estimates for scientific and technological tasks; activities serving
the management of scientific and technological tasks by competent state
agencies; establishment, appraisal, approval and statement of funds for
scientific and technological tasks; expenditure for announcing research results
and expenditure for registration of protection of intellectual property rights.
Article 2. Regulated entities
This Circular shall apply to agencies in charge of
managing scientific and technological tasks and agencies competent to approve
scientific and technological tasks with funds from state budget; entities
performing scientific and technological tasks with funds from state budget and
other involved entities.
Article 3. Rules for applying
levels of estimates and allocation of estimated funds
1. Levels of estimates
regulated in this Circular are maximum levels which apply to national scientific
and technological tasks. Based on regulations in this Circular, Ministries,
central and local governments shall instruct and provide for contents and
levels of expenditure estimates for scientific and technological tasks at
ministerial level, provincial level or local level for ensuring the consistent
implementation within the authority of Ministries, central and local
governments in conformity with their resources and characteristics of
scientific and technological activities and levels of expenditure estimates
regulated in this Circular.
2. Other levels of
expenditures which are the basis for preparing estimates for performing
scientific and technological tasks and are not regulated in this Circular shall
comply with current state regulations.
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Types of scientific and technological tasks with
funds from state budget are prescribed in Article 25, Article 26, Article 27
and Article 28 of the Government’s Decree No. 08/2014/ND-CP dated January 27,
2014 on detailing and guiding the implementation of the Law on Science and
Technology.
Article 5. Personnel for
performing scientific and technological tasks
1. Personnel for performing
scientific and technological tasks shall consist of:
a) Head of scientific & technological task;
b) Main members in charge of performing scientific
& technological task, scientific secretary;
c) Members;
d) Technicians, assistants.
2. The number of members and
working days of each position (Head of scientific & technological task;
main members in charge of performing scientific & technological task,
scientific secretary; members) shall be based on their assigned duties
specified in the description of scientific & technology task which is examined
by the Scientific Board and approved by a competent agency in compliance with
state regulations.
3. Quantity and working days
of technicians and assistants shall comply with regulations in Point c Clause 2
Article 7 of this Circular.
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SPECIFIC PROVISIONS
Section I. INPUT ELEMENTS MAKING
UP ESTIMATE AND CERTAIN LEVELS OF ESTIMATES FOR SCIENTIFIC & TECHNOLOGICAL
TASKS
Article 6. Components of an
estimate for scientific and technological tasks with funds from state budget
1. Wages paid to main workers,
including: wages paid to positions specified in Article 5 of this Circular;
wages paid to domestic and foreign experts who are contracted for doing
research and performing scientific and technological tasks. With regard to scientific
and technological tasks at local-government level, costs for hiring experts
shall not apply.
2. Expenditure for purchasing
materials and fuels, including: materials, fuels, tools, devices, accessories,
inexpensive short-lifetime things, power, reference documents, figures, books,
newspapers, and magazines, rights to use inventions, designs, software, and
technological know-how serving research activities.
3. Expenditures for repair and
procurement of fixed assets:
a) Expenditure for procurement of essential assets
which are directly used to do scientific research and develop technologies of a
scientific & technological task;
b) Expenditure for leasing assets which are
directly used to do scientific research and develop technologies of a
scientific & technological task;
c) Expenditure for depreciation of fixed assets (if
any) while they are directly used to perform scientific and technological tasks
according to regulated depreciation rates which are applied to enterprise’s
assets.
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4. Expenditure for scientific
seminars, expenses of domestic and overseas business trips to do research.
5. Expenditure for outsourcing
services serving research activities.
6. Expenditure for making
surveys and collecting information.
7. Expenditure for office
stationeries, means of communication, and printing serving research activities.
8. Expenditure for organizing meetings
of self-assessment board in charge of assessing results of scientific and
technological tasks (if any).
9. General management costs of
scientific and technological tasks for the purpose of ensuring the compliance
with regulations on management of scientific and technological tasks.
10. Other expenditures in
connection with the performance of scientific and technological tasks.
Article 7. Levels of estimates
for scientific and technological tasks with funds from state budget
1. Estimate of wages paid to
main workers.
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No.
Duties
Estimated
results
1
Research overview
Establishing and explaining about scientific and
technological task, making general report on research issues
2
Assessment of current situation
Preparing report on current situation of research
issues
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Collection of information, documents and figures;
data processing, analysis of information, documents and figures
Preparing report on the collection of documents
and figures, data processing, analysis of information, documents and figures
4
Specialized research contents
Preparing report on specialized research results
5
Performance of tests, experiments, manufacturing
or production; doing research and completing technological process
Preparing report on results of tests, experiments,
manufacturing or production; technological process
6
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Preparing report on solutions, proposals, inventions,
utility solutions, products, preparations, models, scientific publications
and other results
7
Summation and evaluation
Preparing statistical reports, summarized reports
and general reports.
Depending on each specific case, a scientific and
technological task may not include all of the above contents.
b) Wages paid to workers who directly perform
scientific and technological tasks shall be calculated on the basis of
converted working days (08 hours/01 day; in the event of odd hours, 01 day
shall be calculated if working more than 04 hours, and a half of day shall be
calculated if working below 4 hours), and the statutory pay rate promulgated by
the Government at the time of preparing the estimate.
The supervisory organization and the head of
scientific and technological task shall prepare the description table of wage
estimate according to the structure specified in Point a Clause 1 of this
Article, in which, position and working days of each person must be specified.
Position-based wage estimate shall be made
according to the following formula and levels:
Tc = Lcs
x Hstcn x Snc
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Tc: Position-based wage estimate
Lcs: The statutory pay
rate regulated by the government
Hstcn: Day-based wage coefficient
which is calculated on the basis of the statutory pay rate of each position
according to the following table
Snc: Total working days of each
position
Table 1.
Day-based wage coefficient for personnel performing scientific and technological
tasks
No.
Position
Coefficient of
research worker (Hcd)
Coefficient of
scientific worker (Hkh)
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Hstcn
= (Hcd x Hkh)/22
1
Head of scientific & technological task
6.92
2.5
0.79
2
Main members in charge of performing scientific
& technological task; scientific secretary
5.42
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0.49
3
Members
3.66
1.5
0.25
4
Technicians, assistants
2.86
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0.16
Day-based wage coefficients for personnel performing
scientific and technological tasks prescribed in Table 1 of this Circular are
the maximum coefficients and applied to national scientific and technological
tasks. Ministries, central and local governments shall, on the basis of
capacity, sources, characteristics and levels of scientific and technological
activities, instruct and promulgate day-based wage coefficients for personnel
performing scientific and technological tasks at ministerial level, provincial
level and local level for ensuring the consistent implementation within the
authority of Ministries, central and local governments provided that such
promulgated coefficients shall not exceed the maximum coefficients stated in
Table 1 of this Circular.
c) Estimate of wages for technicians and assistants
shall not exceed 20% of total estimate of wages paid to job positions specified
in Point a, Point b and Point c Clause 1 Article 5 of this Circular.
2. Expenditure estimate for
hiring domestic and foreign experts
a) Expenditure for hiring domestic experts
If domestic experts must be hired to perform
scientific and technological tasks, the supervisory organization of relevant
scientific and technological tasks shall, on the basis of requirements of tasks
that need to hire experts, discuss the wages paid to experts, and explain such
wages to the advisory board for considering and submitting to competent
agencies for approval upon piecework contracts. Estimated wage amount paid to a
domestic expert shall not exceed VND 40,000,000/person/month (22 days per
month) in the event domestic experts get daily pay.
Total estimate of expenditure for hiring domestic
experts shall not exceed 30% of total estimate of wages paid to workers who
directly perform scientific and technological tasks as regulated in Clause 1
Article 7 of this Circular.
In special cases where estimated wage paid to each
domestic expert exceeds VND 40,000,000/person/month or total estimate of
expenditure for hiding domestic experts exceeds 30% of total estimate of wages
paid to workers who directly perform scientific and technological tasks as
regulated in Clause 1 Article 7 of this Circular:
- With regard to national scientific and
technological tasks: the competent agency that approves the implementation of scientific
and technological tasks with funds from state budget shall, upon written
suggestions made by Ministry of Science and Technology, approve the estimate of
expenditure for hiring domestic experts and assume responsibility for such
approval.
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b) Expenditure for hiring foreign experts
In the event foreign experts must be hired to
perform scientific and technological tasks, the supervisory organization of
relevant scientific and technological tasks shall, on the basis of requirements
of tasks that need to hire foreign experts, discuss the wages paid to experts,
and explain such wages to the advisory board for considering and submitting to
competent agencies for approval upon piecework contracts. Total estimate of
expenditure for hiring foreign experts shall not exceed 50% of total estimate
of wages paid to workers who directly perform scientific and technological
tasks as regulated in Clause 1 Article 7 of this Circular. Heads of agencies
competent to give approval for the implementation of scientific and
technological tasks with funds from state budget shall bear responsibility for
contents and levels of expenditure for hiring foreign experts.
In special cases where total estimate of
expenditure for hiring foreign experts exceeds 50% of total estimate of wages
paid to workers who directly perform scientific and technological tasks as
regulated in Clause 1 Article 7 of this Circular:
- With regard to national scientific and
technological tasks: the competent agency that approves the implementation of
scientific and technological tasks with funds from state budget shall, upon
written suggestions made by Ministry of Science and Technology, approve the
estimate of expenditure for hiring foreign experts and assume responsibility
for such approval.
- With regard to scientific and technological tasks
at ministerial or provincial level: the competent agency that approves the
implementation of scientific and technological tasks with funds from state
budget shall approve the estimate of expenditure for hiring foreign experts and
assume responsibility for such approval.
3. Expenditure estimate for procurement of
materials and fuels shall be made on the basis of description of planned
workload, policies and current levels of expenditure (if any) and relevant
reports.
4. Expenditure estimate for repair and procurement
of fixed assets shall be made on the basis of description of planned workload,
policies and current levels of expenditure (if any) and relevant reports. These
expenditures must be set for consistent objectives and contents of repair or
procurement which must be carried out within a specified period in conformity
with the implementation progress of scientific and technological tasks; and
managed in compliance with current regulations on repair and procurement of
assets with funds from state budget.
5. Expenditure estimate for
scientific seminars.
Contents and level of expenditure estimate for
organizing scientific seminars shall comply with regulations of the Circular
No. 01/2010/TT-BTC dated January 06, 2010 of Ministry of Finance on regulations
on expenditures for reception of foreign guests working in Vietnam,
organization of international conferences and seminars in Vietnam and reception
of domestic guests, and the Circular No. 97/2010/TT-BTC dated July 06, 2010 of
Ministry of Finance on regulations on business-trip expenses and expenditures
for organization of conferences applicable to state agencies and public service
providers. In addition, this Circular provides for levels of expenditures for
organizing a scientific seminar as below:
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- Secretary of scientific
seminar: VND 500,000/a seminar
- Scientific seminar speakers:
VND 2,000,000/ a report
- Scientific reports which are
ordered by the seminar organizing agency but are not presented at the seminar:
VND 1,000,000/ a report.
- Participants in scientific
seminar: VND 200,000/person/a seminar
6. Expenditure estimate for
survey and collection of information shall comply with regulations in the
Circular No. 58/2011/TT-BTC dated May 11, 2011 of Ministry of Finance on
regulations on management, use and statement of expenditures for surveys.
7. Expenditure estimate for
self-assessment board to assess the implementation results of scientific and
technological tasks (if any) shall be made on the basis of the number of
members of the self-assessment board provided that such expenditure level shall
not exceed 50% of that of the acceptance board of national scientific and
technological tasks as prescribed in Point a Clause 1 Article 9 of this
Circular. Ministries, central and local governments shall instruct specific
levels of expenditures for organizing meetings of the self-assessment boards of
results of scientific and technological tasks.
8. Estimate of general
management costs of scientific and technological tasks
The supervisory organization of scientific and
technological tasks with funds from state budget may make estimate of expenditure
for general management of scientific and technological tasks, including: costs
of electricity, water and relevant administrative expenses for ensuring the
implementation of scientific and technological tasks at the supervisory
organization; expenditure for wages paid to workers doing indirect activities
during the management of scientific and technological tasks by the supervisory
organization.
The estimate of general management costs of
scientific and technological tasks shall be equal to 5% of total estimate of
expenditure for performing scientific and technological tasks with funds from
state budget provided that such estimated amount shall not exceed 200 million
VND.
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Article 8. Expenditures for
managing scientific and technological tasks
1. Expenditures for activities
of the advisory boards
a) Expenditure for wages paid to members of
scientific and technological advisory boards (the advisory board for
determining scientific and technological tasks, the advisory board for
selection of entities in charge of performing scientific and technological
tasks, and the advisory board for assessment and acceptance of implementation
results of scientific and technological tasks);
b) Expenditure for organizing meetings of the
advisory board;
c) Expenditure for traveling expenses of experts
who are consulted;
d) Expenditure for office stationeries, and means
of communication of advisory boards;
dd) Expenditure for hiring scientific and technological
services relating to the assessment by advisory boards; and expenditure for
hiring facilities to serve advisory boards (if any).
2. Expenditure for hiring
independent consultants (if any).
3. Expenditure for posting notice
of selecting entities in charge of performing scientific and technological
tasks on the mass media.
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a) Expenditure for inspection teams;
b) Expenditure for meetings of the mid-term
assessment board (in cases where the mid-term assessment board must be
established).
5. Expenditure for traveling
expenses of experts who are invited to participate in appraisal of contents and
financial aspect of scientific and technological tasks.
6. Other expenditures in
connection with the management of scientific and technological tasks.
Article 9. Certain levels of
expenditures for managing scientific and technological tasks
1. Levels of expenditures for
activities of established Boards
a) Expenditure for wages
Unit: VND 1,000
No.
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Unit
Maximum level
of expenditure
1
Expenditure for consulting activities to
determine scientific and technological tasks
a
Expenditure for meetings of advisory board to
determine scientific and technological tasks
Board
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Chairman of the advisory board
1,000
Deputy chairman; members of the advisory board
800
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300
Delegates who are invited to attend the advisory
board
200
b
Expenditures for assessment
01 written
assessment
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Assessment made by members of the advisory board
300
Assessment made by reviewers in the advisory
board
500
2
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a
Expenditure for meetings of the advisory board to
select entities in charge of performing scientific and technological tasks
Board
Chairman of the advisory board
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Deputy chairman; members of the advisory board
1,000
Administrative secretary
300
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200
b
Expenditures for assessment
01 written
assessment
Assessment made by members of the advisory board
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Assessment made by criticizers of the advisory
board
700
3
Expenditures for appraisal of contents and
financial aspect of scientific and technological tasks
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Task
700
Member of the appraisal team
Task
500
Administrative secretary
Task
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Delegates who are invited
Task
200
4
Expenditures for official assessment and
acceptance of results of scientific and technological tasks
a
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Task
Chairman of the acceptance board
1,500
Deputy chairman; members of the acceptance board
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Administrative secretary
300
Delegates who are invited to attend the
acceptance board
200
b
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01 written
assessment
Assessment made by members of the board
500
Assessment made by reviewers of the board
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b) Levels of expenditures for wages paid to the
Boards prescribed in point a Clause 1 Article 9 of this Circular are the
maximum levels and applied to national scientific and technological tasks.
Ministries, central and local governments shall, on the basis of capacity,
sources, characteristics and levels of scientific and technological activities,
instruct and promulgate levels of expenditures for boards in charge of
scientific and technological tasks at ministerial level, provincial level and
local level for ensuring the consistent implementation within the authority of
Ministries, central and local governments provided that such promulgated levels
shall not exceed maximum levels stated in Point a Clause 1 Article 9 of this
Circular.
c) Estimate of other expenditures shall be made on
the basis of planned workload and current regulations of laws.
2. Level of estimated
expenditure for hiring independent consultants.
Competent agencies in charge of managing scientific
and technological tasks may hire independent consultants in necessary cases
(where there is a difference between opinions of scientific advisory boards in
determination of scientific and technological tasks; or it is necessary to hire
independent consultants as considered by the competent agencies in charge of
managing scientific and technological tasks).
Total estimated expenditure for hiring independent
consultants is as 05 times the expenditure for wages (including expenditures
for attending the board’s meeting and giving written assessment) of the
chairman of relevant board, and decided by the competent agency in charge of
managing scientific and technological tasks that shall assume responsibility
for such decision.
3. Expenditure for posting
notice of selection of qualified entities to perform scientific and
technological tasks in the mass media (printed newspapers, photo newspapers,
online newspapers and other means of communication) shall be estimated on the
basis of quotations provided by selected mass media agencies.
4. Expenditure estimate for
mid-term inspection and assessment
a) Expenditure estimate for travelling expenses of
mid-term assessment team shall be made in conformity with current regulations
on business-trip expenses applicable to state agencies.
b) Expenditure estimate for wages paid to mid-term
assessment board (in cases where the mid-term assessment board should be
established) shall not exceed 50% of the level of expenditure for the
acceptance board as prescribed in Point a Clause 1 Article 9 of this Circular.
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Article 10. Establishment of
expenditure estimate for activities serving the state management of scientific
and technological tasks by competent state agencies
Annually, Ministries and central governments shall,
on the basis of the plan for determination, selection and implementation of
scientific and technological tasks during the year, the plan for mid-term
assessment (if any), assessment and acceptance of results of scientific and
technological tasks during the year, and levels of expenditures prescribed in
this Circular, prepare and aggregate expenditure estimates for activities
serving the state management of scientific and technological tasks with their
expenditure estimates for scientific and technological career, and submit them
to the competent authorities for approval at the time when the budget
expenditure estimate is prepared as regulated; Departments of science and
technology or agencies in charge of state management of scientific and
technological tasks in provinces shall, on the same basis as stated above,
prepare and aggregate expenditure estimates for activities serving the state
management of scientific and technological tasks with expenditure estimates for
scientific and technological career of provinces, and submit them to the
competent authorities for approval at the same time as state above.
Article 11. Preparing
expenditure estimates for scientific and technological tasks
1. The basis for preparing
expenditure estimates
a) Objectives, requirements, contents and workload
of scientific and technological tasks approved by competent authorities;
b) Economic-technical norms promulgated by
ministries and regulatory bodies, levels of expenditure prescribed in this
Circular and current Government's policies. In cases where economic-technical
norms are not available, detailed description about the basis for preparing
expenditure estimate should be specified.
2. Requirements
a) The expenditure estimate for scientific and
technological tasks must be made and detailed according to each research
content while taking into account the specific results or products of such
scientific and technological tasks.
b) Supervisory organizations and heads of
scientific and technological tasks shall prepare and submit expenditure
estimates for scientific and technological tasks to competent authorities for
approval.
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1. Agencies competent to
approve scientific and technological tasks shall conduct the appraisal of
expenditure estimates for such scientific and technological tasks in compliance
with regulations. Agencies competent to approve scientific and technological
tasks shall decide necessary expenditure estimates which are not made on the
basis of economic-technical norms promulgated by ministries or regulatory
bodies and assume responsibility before the law for their decisions.
2. Ministries, regulatory
bodies and local governments shall, on the basis of expenditure estimates for
scientific and technological career given by competent authorities, assign and
give expenditure estimates to their affiliated units to implement scientific
and technological tasks.
Article 13. Statement of
expenditures for scientific and technological tasks
The statement of
expenditures for scientific and technological tasks with funds from state
budget shall comply with regulations of the Law on state budget, the Law on
science and technology and their instructive documents.
Article 14. Announcement of
research results and expenditure for registration of invention and utility
solutions
Expenditures for announcement of research results
(announced) and registration for protection of intellectual property (with
patent granted) shall be directly paid by the National Foundation for Science
and Technology Development as regulated at Clause 2 Article 13 of the Charter
on organization and operation of the National Foundation for Science and
Technology Development which is promulgated under the Government's Decree No.
23/2014/ND-CP dated April 03, 2014 on the Charter on organization and operation
of the National Foundation for Science and Technology Development.
Chapter III
IMPLEMENTATION
Article 15. Implementation
provision
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2. This Joint Circular
supersedes the Joint Circular No. 44/2007/TTLT-BTC-BKHCN dated May 07, 2007 of
Ministry of Finance and Ministry of Science and Technology on guiding levels of
estimates and allocation of estimated funds to scientific and technological
schemes and projects with funding from state budget.
3. With regard to scientific
and technological tasks with funds from state budget that have been approved by
competent authorities before the effective date of this Circular, regulations
promulgated at the time of granting approval for such scientific and
technological tasks shall apply.
4. In case legislative
documents adduced in this Joint Circular are amended or replaced, the new ones
shall apply.
Article 16. Responsibilities
for implementation
Ministry of Finance shall take the prime
responsibility and coordinate with Ministry of Science and Technology to
instruct and organize the implementation of this Circular.
Difficulties that arise during the implementation
of this Circular should be reported to Ministry of Finance or Ministry of
Science and Technology for consideration./.
PP MINISTER OF
SCIENCE AND TECHNOLOGY
DEPUTY MINISTER
Tran Quoc Khanh
PP MINISTER OF
FINANCE
DEPUTY MINISTER
Truong Chi Trung
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