Circular No. 07/2013/TT-BKHCN dated March 08, 2013 of the Ministry of Science and Technology promulgating principles, forms and contents of corporation documents for foreign relationship in science and technology

THE MINISTRY OF SCIENCE AND TECHNOLOG
Circular No.  07/2013/TT-BKHCN dated March 08, 2013 of the Ministry of Science and Technology promulgating principles, forms and contents of corporation documents for foreign relationship in science and technology

Pursuant to the Decree No. 28/2008/ND-CP dated March 14, 2008 of the Government defining the functions, tasks, powers and organizational structure of the Ministry of Science and Technology;

Pursuant to the Decree No. 80/2010/ND-CP dated July 14, 2010 of the Government providing for foreign cooperation and investment in science and technology;

At the proposal of the Head of Department of Technology Appraisal, Examination and Assessment,

The Minister of Science and Technology issues the Circular promulgating principles, forms and contents of corporation documents for foreign relationship in science and technology.

Article 1. Scope and subjects of application

1. This Circular promulgates principles, forms and contents of corporation documents for foreign relationship in science and technology.

2. This Circular is applicable to Vietnamese organizations, individuals that cooperate with foreign organizations, individuals in science and technology.

3. Provisions on principles, forms and content of contract on technology transfers, contract on intellectual property right transfer not included in regulation of this Circular.

Article 2. Term interpretations

The corporation agreement in science and technology means document providing for provisions of general commitments, coordination mechanism, and 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 corporation activities in science and technology.

The corporation contract on science and technology means agreement stipulating benefits, obligations and duties of parties in cooperation for science study, technology development study, provisions of services in activities of science study and technology development.

Corporation plan means document defining objectives, methods, results, roadmap, necessary resources for implementation of corporation agreement in science and technology.

Corporation 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. Principles of signing corporation documents

1. Corporation 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).

2. Corporation documents must be comfortable with strategy on science and technology development, plans, programs and projects of state.

Article 4. Languages in corporation documents

Languages in corporation documents are Vietnamese and foreign language as agreed by parties. Corporation document in Vietnamese and in foreign language have equal legal validity.

Article 5. Corporation document’s forms

1. Corporation contract of science and technology;

2. Memorandum;

3. Agreement;

4. Corporation plan;

5. Corporation program;

6. Other forms as agreed by parties.

Article 6. Principal content of corporation documents

1. For corporation 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, and 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) Assessment and acceptance of performed results;

g) Provisions on intellectual property right (if any);

h) Expenditures and resources for contract implementation and payment methods (if any);

i) Settlement of disputes;

k) Applicable 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;

e) Resources for implementation.

3. For agreements, corporation 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.

Beside the contents specified in clauses 1, 2 and 3 of this Article, parties may agree additionally other contents in conformity with specific conditions of corporation operation and current laws.

Article 7. Implementation organization

1. Within 15 (fifteen) working days after signing corporation documents, Vietnamese organizations and individuals shall be on behalf of parties to send notice enclosed with 01 copy of corporation document to competent state management agencies as prescribed in clause 2 Article 10 of the Decree No. 80/2010/ND-CP dated July 14, 2010.

2. Ministries, Ministerial-level agencies, government-attached agencies, People’s Committees of provinces and municipal cities shall summarize corporation operation situations in science and technology of previous year and send them to the Ministry of science and technology before February 15 every year.

Article 8. Implementation provisions

1. This Circular takes effect 45 days after the signing date.

2. Any arising problems in the course of implementation shall 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