Cỉcular No. 12/2018/TT-BKHCN dated August 31, 2018 of the Ministry of Science and Technology on prescribing the formulation, conclusion and management of international cooperation programs of the National Foundation for Science and Technology Development in financing the performance of scientific and technological tasks and supporting the national scientific and technological capacity building activities

CIRCULAR

Prescribing the formulation, conclusion and management of international cooperation programs of the National Foundation for Science and Technology Development in financing the performance of scientific and technological tasks and supporting the national scientific and technological capacity building activities^[1]

Pursuant to the Government’s Decree No. 95/2017/ND-CP of August 16, 2017, defining the functions, tasks, powers and organizational structure of the Ministry of Science and Technology;

Pursuant to the Government’s Decree No. 23/2014/ND-CP of April 3, 2014, on the Charter on the organization and operation of the National Foundation for Science and Technology Development;

At the proposal of the Director of the National Foundation for Science and Technology Development and the Director of the Department of Legislation,

The Minister of Science and Technology promulgates the Circular prescribing the formulation, conclusion and management of international cooperation programs of the National Foundation for Science and Technology Development in financing the performance of scientific and technological tasks and supporting the national scientific and technological capacity building activities.

Chapter I

GENERAL PROVISIONS

Article 1.Scope ofregulation and subjects of application

1. Scope of regulation

This Circular prescribes the formulation, conclusion and management of international cooperation programs of the National Foundation for Science and Technology Development (below referred to as the Foundation) in financing the performance of scientific and technological tasks and supporting the national scientific and technological capacity building activities.

2. Subject of application

Subject to this Circular are organizations and individuals carrying out scientific and technological activities in Vietnam that register for the performance of scientific and technological tasks and the national scientific and technological capacity building activities under the Foundation’s international cooperation programs prescribed in this Circular, and other related agencies, organizations and individuals.

Article 2.Interpretation of terms

In this Circular, the terms below are construed as follows:

1.The Foundation’s international cooperation programs(below referred to as programs) cover activities of cooperation between the Foundation and foreign organizations to co-finance the performance of scientific and technological tasks and support the national scientific and technological capacity building activities in one or more than one field within the time limit agreed upon by the parties and shown in cooperation documents.

2.Scientific and technological tasksinclude basic research tasks, application research tasks, urgent scientific and technological tasks of scientific and practical importance, and potential scientific and technological tasks.

3.National scientific and technological capacitybuilding activitiesmeans activities prescribed in Article 1 of the Minister of Science and Technology’s Circular No. 09/2015/TT-BKHCN of May 15, 2015, on management of the national scientific and technological capacity building activities supported by the National Foundation for Science and Technology Development (below referred to as Circular No. 09/2015/TT-BKHCN).

4.Cooperation documentmeans a cooperation agreement concluded by the Foundation and its partner, which specifies contents of a certain program.

5.The Foundation’s partnermeans a foreign organization cooperating with the Foundation to co-finance the performance of scientific and technological tasks and support the national scientific and technological capacity building activities.

Article 3.Objectives of formulating programs

1. To boost international cooperation in scientific research, support the academic exchange between Vietnamese and international scientists, create a favorable research environment, and carry out international integration so as to enhance the national scientific and technological capacity.

2. To attract foreign resources (regarding finance and highly qualified human resources) for Vietnam’s scientific research.

3. To increasingly connect and develop the international cooperation network so as to help Vietnam increase the effectiveness of management of and support for scientific research.

Article 4.Principles of cooperation and selection of the Foundation’s partners

1. Participants in programs have equal obligations and responsibilities in performing related tasks, ensure the national security and observe laws of participating countries and related treaties and international cooperation agreements.

2. The Foundation’s partners commit to financing programs.

3. The Foundation prioritizes the selection of and cooperation with large-sized organizations which carry out high-quality financing and support activities in the developed countries.

Article 5.Principles of identifying, managing, financing and supporting programs

1. The identification of programs must suit the objectives prescribed in Article 3 of this Circular, and priority orientations, plans and operating funds of the Foundation.

2. The management of scientific and technological tasks and the national scientific and technological capacity building activities under programs must comply with the Foundation’s financing and support principles prescribed in Article 4 of the Government’s Decree No. 23/2014/ND-CP of April 3, 2014, on the Charter of organization and operation of the National Foundation for Science and Technology Development.

3. The use and management of state budget funds as funds financed or supported by the Foundation under programs must comply with Joint Circular No. 55/2015/TTLT-BTC-BKHCN of April 22, 2015, of the Minister of Science and Technology and the Minister of Finance, guiding norms of formulation and allocation of cost estimates and finalization of funds for scientific and technological tasks funded by the state budget, Joint Circular No. 27/2015/TTLT-BKHCN-BTC of  December 30, 2015, of the Minister of Science and Technology and Minister of Finance, on fixed expenses for scientific and technological tasks funded by the state budget, and the regulations on financial management of the National Foundation for Science and Technology Development.

4. For programs financing the performance of scientific and technological tasks, the total amount to be financed by the Foundation must not exceed 60% of the total fund for implementation of the programs. In special cases (programs to resolve urgent problems or problems of special importance to Vietnam), the Director of the Foundation’s Executive Body shall propose them to the Chairperson of the Foundation’s Management Board for consideration and decision.

5. For programs supporting the national scientific and technological capacity building activities, the total amount to be supported by the Foundation may be up to 100% of the total fund for implementation of the programs.

Article 6.Principles of selection of scientific and technological tasks and the national scientific and technological capacity building activities under programs

1. For scientific and technological tasks:

a/ Their selection shall be based on evaluation and classification results provided by the Science and Technology Council formed by the Foundation and its partners.

Evaluation experts and members of the Science and Technology Council recommended by the Foundation must satisfy the conditions specified in current documents applicable to the relevant types of scientific and technological tasks proposed for financing.

b/ The evaluation shall be conducted in an objective, democratic and equal manner and based on valid registration dossiers and conditions on task-performing organizations and individuals and results of tasks as prescribed in current documents applicable to the types of scientific and technological tasks proposed for financing, including:

- The Minister of Science and Technology’s Circular No. 37/2014/TT-BKHCN of December 12, 2014, on management of basic researches financed by the National Foundation for Science and Technology Development (for basic research tasks);

- The Minister of Science and Technology’s Circular No. 15/2016/TT-BKHCN of June 30, 2016, on management of application researches financed by the National Foundation for Science and Technology Development (for application research tasks);

- The Minister of Science and Technology’s Circular No. 40/2014/TT-BKHCN of December 18, 2014, on management of urgent scientific and technological tasks of scientific and practical importance and potential scientific and technological tasks financed by the National Foundation for Science and Technology Development (for urgent scientific and technological tasks of scientific and practical importance and potential scientific and technological tasks).

2. For the national scientific and technological capacity building activities:

Their selection must comply with cooperation documents between the Foundation and its partners and Circular No. 09/2015/TT-BKHCN.

Chapter II

FORMULATION AND CONCLUSION OF COOPERATION DOCUMENTS

Article 7.Selection of the Foundation’s partners

Pursuant to Articles 3, 4 and 5 of this Circular, the Foundation’s Executive Body shall seek and select suitable partners, negotiate and identify programs and cooperation contents, and draft cooperation documents.

Article 8.Contents of cooperation documents

A cooperation document between the Foundation and its partner must have the following principal contents:

1. Objects and fields of cooperation, financing and support.

2. Principles of contribution by the parties

The cooperation document must specify the levels and forms of contribution and the partners’ commitments on arrangement of human resources meeting the requirements on scientific research management, financing and support according to international practices;

3. Forms, criteria and processes of evaluating and selecting scientific and technological tasks and the national scientific and technological capacity building activities under programs

These forms, criteria and processes shall be included in an annex to the cooperation document in compliance with relevant current legal documents;

4. Intellectual property rights

The cooperation document must prescribe the utilization of research results obtained from scientific and technological tasks and the national scientific and technological capacity building activities that are co-financed or co-supported by the parties in accordance with the laws of Vietnam and partner country;

5. Validity period of the cooperation document

The validity period of the cooperation document shall be agreed upon by the Foundation and its partner. The Foundation and its partner shall notify in writing each other of a request to terminate cooperation ahead of schedule or extend cooperation when the validity period of the document is about to expire;

6. Instructions about registration for participation in programs

These instructions shall be included in an annex to the cooperation document in compliance with relevant current legal documents, which must specify a dossier of registration for participation in a program, enclosed papers, significant time points, and requirements for explanation of scientific and technological tasks and the national scientific and technological capacity building activities proposed for financing or support.

Article 9.Conclusion of cooperation documents

1. Procedures for consultation and preparation for concluding a cooperation document between the Foundation and its partner must comply with the Ministry of Science and Technology’s current regulations on management of external activities.

2. After obtaining approval from the Foundation’s Management Board and leaders of the Ministry of Science and Technology, the Director of the Foundation’s Executive Body shall conclude a cooperation document with the Foundation’s partner.

Chapter III

MANAGEMENT OF IMPLEMENTATION OF PROGRAMS

Article 10.Notification of receipt of dossiers of registration for participation in programs

The Foundation shall coordinate with its partners in posting on their websites the notices of receipt of dossiers of registration for participation in programs. The time limit for receiving dossiers is 3 months from the date of notification.

Article 11.Evaluation and selection

The Foundation shall coordinate with its partners in selecting evaluation experts and members of the Science and Technology Council, and organizing the evaluation and selection of dossiers of registration for participation in programs according to the required principles, forms and criteria.

Article 12.Notification of selection results

1. For scientific and technological tasks proposed for financing, the Foundation’s Executive Body shall review, submit for approval and publicize the list of to-be-financed tasks; appraise and submit funds for approval; notify and guide organizations and individuals eligible for financing how to carry out necessary procedures prescribed in current documents applicable to the proposed tasks, and cooperation documents between the Foundation and its partners.

2. For the national scientific and technological capacity building activities proposed for support, the Foundation’s Executive Body shall review, submit for approval and publicize the list of to-be-supported activities, and notify and guide organizations and individuals eligible for support how to carry out necessary procedures prescribed in Circular No. 09/2015/TT-BLHCN and cooperation documents between the Foundation and its partners.

Article 13.Examination, evaluation, adjustment and termination of contracts in the course of performance, and evaluation of results of performance of scientific and technological tasks and the national scientific and technological capacity building activities

The Foundation shall conduct the examination, evaluation, adjustment and termination of contracts in the course of performance; and evaluate results of performance of scientific and technological tasks and the national scientific and technological capacity building activities under the regulations of the Foundation and its partners in compliance with the relevant documents, specifically as follows:

1. For scientific and technological tasks approved for financing, the current documents applicable to relevant types of to-be-financed scientific and technological tasks shall apply.

2. For the national scientific and technological capacity building activities approved for support, the Foundation shall carry out procedures for allocation of funds and manage their performance under Circular No. 09/2015/TT-BKHCN.

Article 14.Responsibilities of the Foundation and participants in programs

1. For to-be-financed scientific and technological tasks: Responsibilities of the Foundation, organizations in charge of, and managers of and participants in scientific and technological tasks under programs must comply with current documents applicable to these tasks.

2. For to-be-supported national scientific and technological capacity building activities: Responsibilities of the Foundation, organizations and individuals eligible for the Foundation’s support under programs must comply with Circular No. 09/2015/TT-BKHCN.

3. The Foundation’s Executive Body shall evaluate results of implementation of programs, and send reports to the Foundation’s Board of Directors upon completion of the programs.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 15.Effect

1. This Circular takes effect on October 15, 2018.

2. Cooperation programs concluded by the Foundation and its partners before the effective date of this Circular remain valid.

3. In case the documents referred to this Circular are replaced, amended or supplemented, the replacing, amending or supplementing documents shall prevail.-

For the Minister of Science and Technology
Deputy Minister
TRAN QUOC KHANH