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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.08/2012/TT-BKHCN
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Hanoi
, April 02, 2012
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CIRCULAR
ON SELECTION, DIRECT ASSIGNMENT FOR ORGANIZATIONS,
INDIVIDUALS TO PRESIDE OVER IMPLEMENTATION OF THEMES ON SCIENTIFIC RESEARCH AND
TECHNOLOGICAL DEVELOPMENT, PROJECTS ON TEST MANUFACTURE AT STATE LEVEL
Pursuant to the Law on Science
and Technology of June 09, 2000;
Pursuant to the Government’s
Decree No. 81/2002/ND-CP, of October 17, 2002 detailing implementation of some
articles of the Law on Science and Technology;
Pursuant to the Government’s
Decree No. 28/2008/ND-CP, of March 14, 2008, providing functions, tasks, powers
and organizational structure of the Ministry of Science and Technology;
At the proposal of the
Director of Planning- Finance Department;
The Minister of Science and
Technology promulgates Circular on selection, direct assignment for
organizations, individuals to preside over implementation of themes on
scientific research and technological development, projects on test manufacture
at state level
Article 1.
Scope and subjects of adjustment
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2. The selection, direct
assignment for organizations, individuals to preside over implementation of
themes, projects on social science and humanities are not in scope of
adjustment of this Circular.
Article 2.
Selection, direct assignment
1. Selection means choosing
organizations, individuals with the best capability and experiences to
implement themes, projects under the State's order through consideration,
evaluation of dossiers registering participation in selection in according to
requirements, criteria specified in this guiding Circular.
Selection is applied to themes,
projects that have many organizations, individuals having capability to
participate in implementation aiming to attain the highest effectiveness.
2. Direct assignment means
appointment organizations, individuals having enough capability and quality,
suitable condition and professional to implement the particular themes,
projects under the State’s order.
Direct assignment is applied to:
a) Themes, projects belong to
national secrets, are particular on national security and defense.
b) Themes, projects are urgent
servicing for socio-economical development, assurance of welfare and society.
c) Themes, projects with content
which have only an organization or an individual having enough conditions on
professional and equipments to implement.
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1. Selection is publicized on
mass media: the VTV1 program of Vietnam television station, Vietnam radio
station, People newspaper and the SaiGon Liberation Newspaper. Detailing
information is published fully on the Science and Development Newspaper, on the
websites of the Ministry of Science and Technology http://www.most.gov.vn,
http://www.vista.gov.vn, http://www.tchdkh.org.vn.
2. Direct assignment is
implemented in form of sending document to the appointed organization or
individual to prepare dossier and make outline to protect it before the Council
of Science and Technology.
3. The Minister of Science and
Technology shall establish a Council of Science and Technology to advise
selection and consideration to directly assign for organization or individual
to preside over implementation of themes, projects.
4. Evaluation of dossiers
registering participation in selection, direct assignment is executed by
scoring under groups of specific criteria for themes and projects specified in
article 10 of this Circular.
5. Each individual may register
to preside over only a (01) subject or project. The cooperation to implement
themes, projects among organizations, individuals participating in selection is
encouraged aiming to mobilize for the maximum of force source to implement
themes, projects in effectiveness.
6. Result of selection, direct
assignment after approval is notified to organizations, individuals being
selected, and their authority in charge, publicizes on the website of the
Ministry of Science and Technology http://www.most.gov.vn,
http://www.vista.gov.vn, http://www.tchdkh.org.vn.
Article 4.
Conditions to participate in selection, direct assignment
1. For organizations:
a) Organizations having legal
status, registering the operation of science and technology, having function of
operation suitable to the professional field of themes, projects have right to
participate in selection or be considered to directly assign to preside over
implementation of themes, projects.
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- Not returning full funds
withdrawn under contract of implementation of independent projects, projects
under program, projects under projects on science and technology, projects on
technological importing assigned;
- Evaluation for acceptance of
themes, projects at state level is slow comparing to time limit to end contract
on research from 12 months or more without opinion about acceptance of the
Ministry of Science and technology.
2. For individuals:
a) Individuals being the head of
themes, projects must satisfy concurrently the following requirements:
- Having level at university or
higher, having suitable professional and operating in the same scientific field
with themes, projects in 05 years recently, calculated to time of submission of
dossier;
- Being person proposes the plan
and presides over formulation and explanation of themes, projects;
- Having enough capability to
directly implement or organize implementation and ensure having full time to
preside over implementation of researching job of themes, projects.
b) Individual does not
participate in registering selection, consideration to direct assign to preside
over themes, projects if till the deadline of submission of dossier, he/she is
still the head of themes, programs under the programs; independent themes,
projects; themes, projects cooperating with international on science and
technology under the protocol; themes, projects under projects on science and
technology; themes, projects aided by the National science and technology
development Fund.
c) Individual being the head of
themes, projects at state level, evaluated for acceptance at the “fail” level
and not be prolonged to complete result or themes, projects terminated
implementation due to mistakes does not participate in registering selection,
direct assignment within two (02) years since time of conclusion of the
national acceptance evaluation council or time of decision of the competent
state management agency on termination of implementation of themes, projects.
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- 12 months, calculated from the
time of submission of actual acceptance evaluation dossier if submission is
slow from six (06) months to less than 24 months;
- 24 months, calculated from the
time of submission of actual acceptance evaluation dossier if submission is
slow from 24 months or more;
The Ministry of Science and
technology shall open dossiers for checking and confirming conditions to
participate in selection, direct assignment in according to provisions of this
article.
Article 5.
Dossier of registration for participation in selection, direct assignment
1. Dossier of registration for
participation in selection, direct assignment includes the following documents:
a) The request of registration
for presiding over to implement themes, projects (Annex 1, Form B1-1);
b) Explanation of themes (Annex
1, Form B1-2a), explanation of projects (Annex 1, Form B1-2b);
c) Summary of science and
technology operation of organization registering to preside over themes,
projects (Annex 1, Form B1-3);
d) The scientific resumes of
individual registering as the head and individuals registering to implement
mainly themes, projects with confirmation of the authority in charge (Annex 1,
Form B1-4);
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e) Documents to prove they are
not in cases specified in point b, clause 1 and points b, c, d, clause 2,
article 4 of this Circular (if any).
g) Legal documents to prove
capability on human resource, equipments and capacity to raise capital from
other source to implement themes, projects (if declare capital mobilization
from other source). For projects compelling to have legal documents pledging
and explaining the capacity to raise capital from source outside of scientific
career state budget attaining minimally is 70% of total investment funds
expected for performance (financial statement of enterprise in 2-3 years
recently; commitment on placement of funds or guarantee of funding of bank;
legal commitment on capital contribution of organizations participating in
projects).
h) Documents confirming
agreement of relevant agencies regarding application of result of research of
themes, projects if products of themes, projects meeting scientific
requirements and quality level (if any).
2. Dossier of register for
participating in selection, direct assignment includes a (01) set of original
dossier (with seal and direct signature) presented and printed on A4 paper
size, use Vietnamese font of the Unicode in according to TCVN 6909:2001
Vietnamese standard, size of letter 14 and a (01) electronic file of dossier
recorded on optical disc (in PDF, not set password), be packed in the dossier
bag with seal and outside written clearly as follows:
a) Name of subject
of project registering participation in selection, direct assigment (written
clearly: Name of subject or project; name, code of program);
b) Name, address
of organization registering as preside over and organization participating for
coordination to implement subject or project (just written the list of
organizations have had confirmation of participation for coordination);
c) Full name of
individual resistering as head of subject or project and the list of persons
mainly participating in implementation of subject or project (just written the
list of individuals have had confirmation of participation for coordination);
d) List of
documents in dossier.
Article 6. Submission of dossier registering participation in
selection, direct assignment
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2. Duration of
submission of dossier: In according to notyfiaction of the Ministry of Science
and Technology.
3. Date certifying
receipt of dossier is date written in seal of Hanoi Post (case of sending by post)
or the receival seal of the Ministry of Science and Technology (case of
submitting directly).
4. In duration
specified for submission of dossier, organizations and individuals registering
participation in selection, direct assignment have right to withdraw the
submitted dossier to replace by a new dossier or supplement for the submitted
dossier. Replacement of new dossier and supplement of dossier must
complete before duration of submission of dossier as prescribed; document
supplemented is a constituent part of dossier.
Article 7. Opening dossier
1. The Ministry of
Science and Technology organizes opening dossiers, checking and confirming
validity of dossiers with participation of representatives of relevant agencies
(if any), representatives of organizations, individuals registering
participation in selection, direct assignment.
2. A valid dossier
is a dossier being prepared in according to proper Forms and meeting
requirements specified in Article 4, Article 5 and Article 6 of this Circular.
3. The process and
result of opening dossier are recorded into a minutes (Annex 2, Form B2-1).
4. Dossiers are
put in to consider, evaluate when satisfy conditions specified in clause 2 of
this Article.
Article 8. The council of science and technology
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2. A council has
from 09 to 11 members, includes chairperson, vice chairperson, two (02)
critical commissioners and other commissioners, of which:
a) Two-thirds
(2/3) are experts with prestige, responsible spirit, possessing
educational level and suitable professional skills, deep understanding of
specialized branch of science and technology assigned to advise and having at
least 05-years recently operation experiences in specialized branch
assigned for advisory.
b) One-thirds
(1/3) are representatives of the state management agencies, policy-forming
agencies, ministries, branches, corporations, economic groups and units be
expected to enjoy result of themes, projects.
For themes,
projects under programs on science and technology at state level, not exceeding
one (01) member from The Management Board of program and this person is not in
position of chairperson or vice chair person or critical commissioner.
3. The experts,
critical commissioners who have participated in the council of advisory for
defining the science and technology task are prioritied to invite to
participate in the Council of the corresponding themes, projects.
Members of council
may take from the expert database of the Ministry of science and technology.
4. In necessary,
the Ministry of science and technology may invite experts outside of council
but deep understanding of researched field of themes, projects to consider and
evaluate dossier.
5. Individuals in
the following cases are not permitted to be member of council:
a) Individuals registering as head or participation in implementation of themes,
projects.
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6. The Ministry of
science and technology preside over to organize sessions of council and appoint
administrative secretary assisting council.
Article 9. Working principle of council
1. The
administrative secretary of council shall prepare and send the following
documents to all members of council and experts (if any) for minimum of 05 days
before the session of council:
a) Decision on
establishment of council and the list enclosed;
b) Extracted list
of themes, projects having been approved;
c) Copy of
original dossier or electronic copy of dossier registering participation in
selection, direct assignment;
d) Form of comment
report for theme (Annex 2, Form B2-2a), project (Annex 2,Form B2-2b);
e) Other elevant
documents.
2. The session of
council must have presentation of at leas two-thirds of number of
councils’members, inclusive of chairperson or vice chairperson and two (02)
critical commissioners.
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4. The responsibilities
of council’s members:
a) To evaluate
truthfully, objectively and fairly; take individual responsibility for their
evaluation result and collective responsibility for general conlusion of
council. Council’s members, experts (if any) and council’s administrative
secretary are responsible for keeping secret on information relating to course
of evaluation, selection, direct assignment.
b) To research,
analyze each content and information declared in dossier; comment, evaluate
strength, weakness and general evaluate each dossier under specified
requirements; write comment-evaluation and explanation on evaluation; give
scoring under criteria stated in prescribed forms.
c) Council’s
members give scoring independently under groups of criteria of evaluation and
scoring scale being prescribed. Before scoring, council discuss in
common to unify viewpoint, method to give scoring with respect to each
criterion.
Article 10. Evaluation of dossier
Dossiers of
selection, direct assignment are evaluated by the scoring method, the maximum
is 100 marks, under groups of criteria and the scoring scale as follows:
1. For themes:
a) Overall
evaluation (the maximum point is 8);
b) Content, method
of research and technique of use (the maximum point is 24):
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d) Capacity to
apply products and impact of results from research (the maximum point is 16);
dd) The
feasibility of plan on implementation organization (the maximum point is 16);
d) The capability
of organizations and individuals participating in (the maximum point is 20).
2. For projects:
a) Overall
evaluation (the maximum point is 8);
b) Objectives,
contents and plan of deployment (the maximum point is 24);
c) Worth of
technology (the maximum point is 16);
d) Beneit of
project (the maximum point is 16);
dd) Financial plan
(the maximum point is 20);
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Article 11. The working order and content of council
1. The
administrative secretary read content of decision on establishment of council,
the minutes of opening dossier, introduct council’s members and representatives
participating.
2. The
representative of the Ministry of science and technology states requirements
and main contents on selection, direct assignment of themes, projects of this
Circular.
3. The council
exchanges to unify the working principle and appoints a (01) member to do as
scientic secretary.
4. For themes,
projects appointed to directly assign, organizations, individuals assigned
shall prepare dossier to present in summary before council the outline of
explanation on themes, projects, answer questions of council’s members (if any)
and not continue to participate on the council’s session.
5. The council
executes to evaluate dossiers participating in selection, direct assignment.
a) Presenting the
critical opinions and experts' opinions (if any) on comment of evaluation of
dossier registering selection, direct assignment of themes, projects;
- The critical
commissioners, experts evaluate, analyze each dossier and compare among
dossiers registering a (01) same theme or project under the prescribed
criteria.
- The Council may
raise question to critical commissioners, experts on each evaluation criterion
relating to each dossier.
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- The scientic
secretary read comments in writing of member being absent (if any) for council
consider and reference.
b) Council
discusses and evaluates dossier;
- Council
exchanges, discusses, evaluates each dossier based on the prescribed critiria
and compares with dossiers for selection, direct assignment of a (01) same
theme, project.
- Aftre dicussing,
council’s members give points independently for each dossier based on criteria
and scoring scale prescribed for theme (Annex 2, Form B2-3a), project (Annex n,
Form B2-3b).
6. Council elects
the vote-counting committee and ballot.
a) The
vote-counting committee includes 03 council’s members (in which elect a paerson
as the head). Administrative secretaries shall help the vote-counting committee
for work.
b) Council casts
the scoring evaluation vote for each dossier under the
ballot method. A valid evaluation vote is vote being performed in
according to proper instruction indicated on vote.
7. Suming up
results of evaluation in selection, direct assignment.
a) The
vote-counting committee sums up and reports council on result of counting votes
(Annex 2, Form B2-4).
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- Dossier with
total average points of criteria must attain at the minimum 70/100. In which no
criterion is evaluated zero point (0 point) by 1/3 number of absent council’s
members. Council rank dossiers with total average points from high to low.
- For dossiers
with the same total average points, dossier having the higher point of
chairperson of council (or point of vice chairperson of council, if chairperson
of council is absent) is prioritied to rank.
- If point of
chairperson of council (or point of vice chairperson of council, if chairperson
of council is absent) is the same for dossiers, council shall sort at a same
rank and propose plan to select.
8. Council passes
minutes on the working result of council, propose organization, individual
selected or assigned directly to preside over themes, projects:
a) Organization,
individual being proposed for selection by council are
organization, individual having dossier ranked with higest total average point
specified in point b, clause 7 of this article.
b) Council
discuses to unify poposal on points need to amend, supplement in explanation of
theme or explanation of project, main science and technology products with
corresponding economy-technical norms must attain and propose on funds for
implementation of themes, projects; stating points need to pay attention to
finalize dossier of organizations, individuals being proposed for selection or
directly assignment by council.
c) Council
formulates the working minutes (Annex 2, Form B2-6) send it to the Ministry of
science and technology.
Article 12. Approval of result
1. Before
approving organizations and individuals selected or directly assigned to
preside over themes, projects, the Ministry of Science and Technology
considers, reviews dossiers; case of neccesry, the Ministry of Science
and Technology may require council to reconsider or organize a new council to
advise evaluation for dossiers having an unresonable evaluation result; inspect
actually technical-material facilities, personnel and financal capacity of
organizations,individuals proposed to preside over implementation of themes,
projects.
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3. Organizations,
individuals preside over implementation of themes, projects shall amend,
finalize dossier in according to conclusion of council and send it to the
Ministry of science and technology within 15 days since receiving notification
on result of selsection, direct assignment to execute appraisal of content and
funds, as the basis for allocation of plans on implementation.
Article 13. Keeping original dossier
Within a (01) year
since the day when the Minister of Science and Technology sign the decision on
approving organizations, individuals preside over implementation of themes,
projects, the administrative secratories of councils shall submit the
original dossiers (inclusive of fail dossiers) to keep in the Storing room,
Office of the Ministry of Science and Technology.
Article 14. Complaint, denunciation
1. Organizations,
individuals have right to complaint, sue over administrative decisions and
administrative acts of agencies, competent organizations relating to the
selection, direct assignment for organizations, individuals to preside over
themes, projects.
2. Citizens are
entitled to denuncia acts of violations of law on selection, direct assignment
for organizations, individuals to preside over themes, projects.
3. Complaint,
denunciation and solving of complaints, denunciations comply with provisions of law.
Article 15. Application of Circular
Ministries,
ministerial-level agencies, governmental agencies, People’s Committees of central-affiliated
cities and provincesat may apply provisions of this Circular to organize
selection, direct assignment implementation of themes of scientic research and
technological development, trial production projects within their management
authority and scope.
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1. This Circular
takes effect after 45 days from the day of signing for promulgation and
replaces Regulation on selection, approval for organizations,individuals to
preside over implementation of science and technology themes, projects at
state level promulgated together with the Decision No. 10/2007/QD-BKHCN, of May
11, 2007, of the Minister of Science and Technology and the Circular No.
08/2011/TT-BKHCN, of June 30, 2011 of the Minister of Science and Technology
(part amending and supplementing a number of articles of regulation promulgated
together with the Decision No. 10/2007/QD-BKHCN).
2. In the course
of implementation, any problems arising, agencies, organizations, and
individuals should be promptly reported to the the Ministry of Science and
Technology for researching and amendment, supplement. /.
FOR
THE MINISTER
DEPUTY MINISTER
Chu Ngoc Anh