Thông tư 08/2016/TT-BKHCN

CIRCULAR

AMENDMENTS TO CIRCULAR NO. 32/2014/TT-BKHCN DATED NOVEMBER 06, 2014 BY MINISTER OF SCIENCE AND TECHNOLOGY PROVIDING REGULATIONS ON MANAGEMENT OF THE SCIENCE AND TECHNOLOGY MARKET DEVELOPMENT PROGRAM BY 2020

Pursuant to Decree No. 20/2013/ND-CP dated February 26, 2013 of the Government defining the functions, tasks, powers and organizational structure of the Ministry of Science and Technology;

Pursuant to Decree No. 08/2014/ND-CP dated January 27, 2014 of the Government providing for details and guidelines for implementing a number of articles of the Law on Science and Technology;

In implementation of Decision No. 2075/QD-TTg; dated November 08, 2013 of the Prime Minister approving the Technology and Science Market Development Program by 2020;

At the request of Director of National Agency for Technology Entrepreneurship and Commercialization Development and Director of Legal Department;

Minister of Science and Technology promulgates this Circular to amend a number of articles of the Circular No. 32/2014/TT-BKHCN dated November 06, 2014 by Minister of Science and Technology providing regulations on the management of the Science and Technology Market Development Program by 2020.

Article 1. Amendments to Circular No. 32/2014/TT-BKHCN dated November 06, 2014 by Minister of Science and Technology providing regulations on management of the Science and Technology Market Development Program by 2020

1. Amendments to Clause 6 Article 2:

“Article 2. Interpretation of terms

6. The unit in charge of managing funds for implementing duties of the Program is the National Foundation for Science & Technology Development (NAFOSTED) which is affiliated to Ministry of Science and Technology.”

2. Amendments to Article 3:

“Article 3. Duties of the Program

1. Duties of the Program include:

a) Scientific schemes, scientific and technological topics of the Program as regulated in Article 7 of this Circular;

b) Projects on investment and construction of technology exchanges, and technology exchange centers as regulated in Article 8 of this Circular; Projects on construction of technology incubators, scientific and technological business incubators as regulated in Article 10 of this Circular;

c) Scientific and technological projects as regulated in Articles 9, 11, 12, 13, 14 and 15 of this Circular;

d) Annual and periodical duties on science and technology market promotion and development as regulated in Clause 2 of this Article;

dd) The Program-managing activities regulated in Clause 3 of this Article.

2. Annual and periodical duties on science and technology market promotion and development consist of:

a) Organizing or participating in events of technology and equipment markets (Techmart), virtual Techmart or Online Techmart; running technology exchange websites and technology exchanges; organizing or participating in seminars and talks to introduce appropriate, new and advanced technologies;

b) Holding technology demonstrations (Techdemo); promoting the commercialization of technologies; conducting surveys and assessing the technological innovation by enterprises; assisting local science and technology progress application centers in application and transfer of technological advances;

c) Organizing exhibitions to introduce findings on scientific research and technological development by training and research institutions (Innovation Showcase); Startup Day and innovation events; domestic and overseas exhibitions of potential scientific and technological products and innovations; conferences on development of science and technology market, and conferences on development of scientific and technological enterprises; training officials and experts serving the science and technology market; maintaining, updating and developing science and technology market database, websites and portals; carrying out survey to determine value of technology exchanges on the science and technology market;

d) Other activities essential to promote the development of science and technology market.

3. Program-managing activities include:

a) Activities of the Program Management Board; the Program implementation and management activities performed by the National Agency for Technology Entrepreneurship and Commercialization Development, the NAFOSTED and relevant agencies affiliated to Ministry of Science and Technology;

b) Communication activities, training in the management and implementation of the Program;

c) Organizing domestic and overseas sightseeing programs and field trips to learn experience from successful and typical models of science and technology market development;

d) Other activities relating to the Program implementation and management.”

3. Amendments to Clause 1 Article 4:

“Article 4. Investment projects of the Program

1. Procedures for appraisal, execution, correction of execution progress, acceptance, payment, and reports on the execution of contents and duties relating to projects on construction, investment and development of scientific and technological potentials of public technology exchanges, technology exchange centers in central-affiliated cities or provinces and other public intermediaries shall be carried out in accordance with applicable laws.”

4. Amendments to Clause 1, Clause 5 and Clause 6 Article 5:

“Article 5. General principles for determining the Program’s duties

1. Contents of a Program's duty must be in conformity with the orientation of duties of the Program as approved under Decision No. 2075/QD-TTg dated November 08, 2013 by the Prime Minister giving approval for the Science and Technology Market Development Program by 2020, and the Framework of the Science and Technology Market Development Program by 2020 approved by Minister of Science and Technology.

5. A duty of the Program may include one or a number of duties mentioned in Clause 1 Article 3 of this Circular.

6. The Program’s duties may be determined on an annual basis or within a period in conformity with practical demand.”

5. Amendments to Article 6:

“Article 6. Codes of the Program’s duties

The National Agency for Technology Entrepreneurship and Commercialization Development shall record the codes of the Program’s duties when receiving application dossiers for participation in selection or direct assignment of entities to implement the Program’s duties as regulated in Points a, c, d Clause 1 Article 3 of this Circular as follows:

TTKHCN.ĐT.XX-YY;

TTKHCN.ĐA.XX-YY;

TTKHCN.DA.XX-YY;

TTKHCN.HĐ.XX-YY.

Where:

TTKHCN refers to the sign of the Program;

ĐT refers to the sign of the application for registration under the form of the topic;

ĐA refers to the sign of the application for registration under the form of the scheme;

DA refers to the sign of the application for registration under the form of the project;

HĐ refers to the sign of the application for registration under the form of annual or periodical duties;

XX refers to the sign of the ordinal number of the application for registration;

YY refers to the sign of the year of receiving the application for registration;

E.g. TTKHCN.DA.01-2016 means the application for registration under the form of project No. 01, received in 2016, of the Science and Technology Market Development Program by 2020.”

6. Amendments to Article 9:

“Article 9. Projects on establishment and operational development of intermediaries

1. Selection criteria and conditions

a) It must be an organization functioned to provide scientific and technological services; and

b) The project on establishment and operational development of an intermediary must be set up.

2. Subsidized contents

a) Consultancy, formulation and appraisal of a scheme on establishment and improvement of capacity of an intermediary;

b) Training in skills in commercializing findings on scientific research and technological development, and placing orders for technical assistance, brokerage, consultancy and assessment of technologies and intellectual property;

c) Training and improvement of knowledge about the establishment, management and operation of intermediaries; training professional human resources for the intermediary;

d) Activities belonging to functions of a science and technology market intermediary;

dd) Building, maintaining, updating and developing database, portals and websites of science and technology market.”

7. Amendments to Point a Clause 2 Article 11:

“Article 11. Projects on organization of training courses for officials and experts to serve the development of science and technology market

2. Subsidized contents

a) Domestic and foreign training and improvement activities, and internet-based training in transfer and exercise of use rights over technological innovations; management, organization and operation of science and technology market development activities;

8. Amendments to Article 13:

“Article 13. Projects on support for commercialization of findings on scientific research and technological development, and intellectual property

1. Selection criteria and conditions

a) It must be an organization competent to work out feasible plans, models or solutions for commercialization of findings on scientific research and technological development, and intellectual property; or

b) It must be an entity whose technological innovation or product grows in term of the market size; or an entity using technological applications or products; or an entity placing order for production of technological products, carrying out technological transfer, investment cooperation or consuming technological products.

2. Subsidized contents

a) Hiring experts to work out the plan for commercialization, assessment and valuation of findings on scientific research and technological development, and intellectual property. The plan’s contents include: working out business strategies and models; plan for transferring ownership or use right over findings on scientific research and technological development; plan for technological transfer; plan for investment in scientific research and technological development; plan for technology incubation or scientific and technological business incubation; and plan for establishment of affiliated scientific and technological organizations;

b) Completing and testing technological products (preparing samples, sample models, test products, carrying out market surveys, market testing, evaluating market testing results, improving technologies and technological products); formulating technical regulations and standards, testing and calibrating technologies and technological products; carrying out application procedures for registration of intellectual property, issuance of license for free sale of technologies and technological products;

c) Conducting market surveys and research; applying findings on scientific research and technological development, and intellectual property to business and production, providing public services to serve public interests and social security;

d) Participating in training and improvement activities in transfer and exercise of use rights over technologies; management, organization and operation of science and technology market development activities;

dd) Participating in domestic and international events for promotion of science and technology market; e) Constructing communication scenarios and products with topics on commercialization of technologies and technological products.”

9. Amendments to Clause 2 Article 14:

“Article 14. Projects on science and technology market promotion

2. Subsidized contents

a) Conducting market surveys and research to collect information and determine potential subjects of science and technology market promotion activities;

b) Organizing or participating in technology and equipment markets (Techmart), virtual Techmart and online Techmart; seminars and talks to introduce appropriate, new and advanced technologies; technology demonstrations (Techdemo), promoting the commercialization of technologies; organizing exhibitions to introduce findings on scientific research and technological development by training and research institutions (Innovation Showcase); Startup Day and innovation events; Innovation Day and exhibitions to introduce potential scientific and technological products (Techshow) in Vietnam and foreign countries; conferences for development of science and technology market, and scientific and technological businesses, including the following activities:

- Activities of expert consultants, arts design, overall decoration, sound and lighting techniques;

- Opening ceremony, activities of MC and technicians;

- Activities of participants in the event, including travel, accommodation, transport of equipment, samples and models;

- Activities of organization board, advisory board, rewarding board, expert consultants, independent scientists, participants in exhibition stalls and other participants in the event;

- Communication and advertising activities to promote the event on the mass media; preparing electronic data for promoting the event;

- Printing necessary documents (brochures, catalogs, invitations, etc.) of the event;
- Translating documents; organizing science and technology seminars;

- Leasing premises (including security, electricity and water-related activities); stall installation; displaying and showing products;

- Awarding (certificates of merit), certificates, reliefs, campaign medals; organizing prize-giving day;

- Other necessary activities.

c) Giving consultancy, introducing and promoting the commercialization of new technologies and products thereof of scientific and technological organizations, enterprises and researchers, technology exchanges and centers applying scientific and technological advances in central-affiliated cities or provinces.”

10. Amendments to Article 16:

“Article 16. Determination of duties of the Program

1. Scientific and technological duties prescribed in Point a and Point c Clause 1 Article 3 of this Circular shall be determined and implemented in accordance with regulations in Article 16a of this Circular.

2. Scientific and technological duties prescribed in Point b Clause 1 Article 3 of this Circular shall be determined and implemented in accordance with prevailing regulations on investment and development projects.

3. Scientific and technological duties prescribed in Point d Clause 1 Article 3 of this Circular shall be determined and implemented in accordance with regulations in Article 16b of this Circular.”

11. Supplementing Clause 16a to Article 16:

“Article 16a. Determination and implementation of scientific and technological duties of the Program

1. Ministries, regulatory bodies and local governments shall establish, verify and send proposal for ordered scientific and technological duties to the National Agency for Technology Entrepreneurship and Commercialization Development.

2. With regard to a project on support for the commercialization of findings on scientific research and technological development, and intellectual property which meets selection criteria and conditions as regulated in Clause 1 Article 13 of this Circular:

a) The entity that has the ownership or use right over findings on scientific research and technological development, and intellectual property shall send the proposal for scientific and technological duties to the National Agency for Technology Entrepreneurship and Commercialization Development;

b) The Program Management Board shall coordinate with the National Agency for Technology Entrepreneurship and Commercialization Development to seek or suggest orders of Ministry of Science and Technology on the basis of the following criteria:

- That is an interregional or intersectoral proposal;

- It's able to commercialize findings on scientific research and technological development, and intellectual property;

- Technology exchanges on the market are promoted;

- The establishment and development of science and technology market intermediaries are promoted;

3. Determination and implementation of scientific and technological duties of the Program shall comply with regulations in Circular No. 05/2015/TT-BKHCN dated March 12, 2015 by Minister of Science and Technology providing for the management of National science and technology program; Circular No. 07/2014/TT-BKHCN dated May 26, 2014 by Minister of Science and Technology providing for procedures for determination of national-level scientific and technological duties with funding from state budget; Circular No. 10/2014/TT-BKHCN dated May 30, 2014 by Minister of Science and Technology on selection and direct assignment of entities to implement national science and technology duties with funding from state budget; Circular No. 23/2014/TT-BKHCN dated September 19, 2014 by Minister of Science and Technology on amendments to a number of articles of the Circular No. 10/2014/TT-BKHCN; Circular No. 05/2014/TT-BKHCN dated April 10, 2014 by Minister of Science and Technology on promulgation of “Form of Contract for scientific research and technological development”; Circular No. 04/2015/TT-BKHCN dated March 11, 2015 by Minister of Science and Technology on inspection, assessment, adjustment and termination of contracts during the implementation of national-level scientific and technological duties with funding from state budget; Circular No. 11/2014/TT-BKHCN dated May 30, 2014 by Minister of Science and Technology on assessment and acceptance of implementation results of national-level scientific and technological duties with funding from state budget and other relevant legislative documents.

4. Description and evaluation of duties prescribed in Articles 9, 11, 12, 13, 14 and 15 of this Circular shall comply with forms stated in the Annex enclosed to this Circular. To be specific:

a) With regard to projects on establishment and development of operations of intermediaries prescribed in Article 9, the forms No. B1-1-TMDATG, B1-2-NXDATG, B1-3-ĐGDATG stated in the Annex enclosed herewith shall be used;

b) With regard to projects on organization of training courses for officials and experts to serve the development of science and technology market prescribed in Article 11, the forms B2-1-TMDAĐT, B2-2-NXDAĐT, B2-3-DGDAĐT stated in the Annex enclosed herewith shall be used;

c) With regard to projects on assessment of technological need and capacity for technological supply prescribed in Article 12, the forms No. B3-1-TMDAĐG, B3-2-NXDAĐG, B3-3-ĐGDAĐG stated in the Annex enclosed herewith shall be used;

d) With regard to projects on support for the commercialization of findings on scientific research and technological development, and intellectual property prescribed in Article 13, the forms No. B4-1-TMDATMH, B4-2-NXDATMH, B4-3-ĐGDATMH stated in the Annex enclosed herewith shall be used;

dd) With regard to projects on science and technology market promotion prescribed in Article 14, the forms No. B5-1-TMDAXT, B5-2-NXDAXT, B5-3-ĐGDAXT stated in the Annex enclosed herewith shall be used;

e) With regard to communication projects serving the development of science and technology market prescribed in Article 15, the forms No. B6-1-TMDATT, B6-2-NXDATT, B6-3-ĐGDATT stated in the Annex enclosed herewith shall be used.

5. The request for seeking information about the duties prescribed in Articles 7, 9, 11, 12, 13, 14 and 15 shall comply with form No. B7-YCTrC stated in the Annex enclosed to this Circular.

6. Other documents shall follow corresponding forms as regulated in legislative documents prescribed in Clause 1 of this Article.”

12. Supplementing Clause 16b continued from Article 16a:

“Article 16b. Determination and implementation of annual and periodical duties on promotion of science and technology market

1. The affiliates of Ministry of Science and Technology shall annually submit their descriptions of annual and periodical duties on the promotion of science and technology market by using the form No. B8-1-TMNV stated in the Annex enclosed herewith to the National Agency for Technology Entrepreneurship and Commercialization Development directly under the Ministry of Science and Technology. The National Agency for Technology Entrepreneurship and Commercialization Development shall coordinate with Department of Planning and General Affairs in considering and submitting consolidated report to Minister of Science and Technology to decide the list of duties being implemented under the method of direct assignment.

2. The National Agency for Technology Entrepreneurship and Commercialization Development shall, pursuant to the Decision on giving approval for the list of annual and periodical duties on the promotion of science and technology market by Minister of Science and Technology, ask for approval from Minister of Science and Technology for the establishment of the Board of consultancy and appraisal of funding for implementation of duties (hereinafter referred to as the Appraisal Board).

3. Appraisal Board:

a) The Appraisal Board is comprised of 05 members, including:

- One (01) Chairperson who is the representative of the Program Management Board;

- One (01) Deputy Chairperson who is an expert in development of science and technology market;

- Three (03) members who are representatives of Department of Planning and General Affairs, Department of Finance and the National Foundation for Science & Technology Development (NAFOSTED).

b) Operational rules of the Appraisal Board:

- At least four-fifths of the members of the Appraisal Board must be present, including the Chairperson and Deputy Chairperson of the Board.

- The Appraisal Board shall make written record of appraisal of duties and funding for implementation thereof by using the form No. B8-2-BBTD stated in the Annex enclosed to this Circular.

4. Based on appraisal results by the Appraisal Board, the National Agency for Technology Entrepreneurship and Commercialization Development shall report to the Minister of Science and Technology to consider and give approval for the entity directly assigned to implement duties.

5. The National Foundation for Science & Technology Development (NAFOSTED) shall, based on Decision on approval for responsible organization, in-charge individual, funding and time for implementation of duties, coordinate with the National Agency for Technology Entrepreneurship and Commercialization Development in entering into contract with the responsible organization for implementation of duties by using the Form No. B8-3-HĐ stated in the Annex enclosed herewith.

6. The organization responsible for implementing duties shall make report on implementation results by using the form No. B8-4-BCĐG stated in the Annex enclosed herewith, and send it to the National Agency for Technology Entrepreneurship and Commercialization Development in order to report to Minister of Science and Technology for establishing the board in charge of assessing and accepting implementation results.

7. The board in charge of assessing and accepting implementation results:

a) The Board is comprised of 05 members, including:

- One (01) chairperson who is the representative of the Program Management Board;

- One (01) Deputy Chairperson who is an expert in development of science and technology market;

- Three (03) members who are representatives of Department of Planning and General Affairs, Department of Finance and the National Foundation for Science & Technology Development (NAFOSTED).

b) Operational rules of the Board:

- At least four-fifths of the members of the Appraisal Board must be present, including the Chairperson and Deputy Chairperson of the Board.

- The Board shall make a written record of its assessment and acceptance of the implementation results of duties by using the form No. 8-5-BBNT stated in the Annex enclosed to this Circular.

8. Based on the written record of assessment and acceptance of implementation results, the National Agency for Technology Entrepreneurship and Commercialization Development shall report to Minister of Science and Technology to consider and make decision on certification of such implementation results.

9. Procedures for liquidating the contract for implementation of duties shall follow the form No. B8-6-TLHĐ stated in the Annex enclosed to this Circular.”

13. Amendments to Clause 3, Clause 4 and Clause 5 of Article 25:

“Article 25. Organization of Program implementation

3. The National Agency for Technology Entrepreneurship and Commercialization Development is responsible for determining the Program’s duties; receiving proposals for duties; carrying out procedures for selection and direct assignment of entities to implement the Program’s duties; conducting the assessment and acceptance of implementation results of the Program’s duties and fulfilling other assigned tasks related to the management of the Program’s duties.

4. The National Foundation for Science & Technology Development (NAFOSTED) shall coordinate with the National Agency for Technology Entrepreneurship and Commercialization Development in carrying out procedures for entering into the contract for implementation of scientific and technological duties, allocating funding and making statement of expenditures for contract execution and fulfilling other assigned tasks related to the management of funding for implementing the Program’s duties.

5. The funding for implementing the Program’s duties and the Program’s activities is covered by the annual budget for science and technology allocated to the National Foundation for Science & Technology Development (NAFOSTED), funding for programs for development of science and technology market of ministries, regulatory bodies and local governments, and other sources of funding as regulated.”

14. Amendments to Clause 1 and Clause 5 of Article 28:

“Article 28. Responsibilities of relevant ministries, regulatory bodies and local governments

1. Based on guidance by Ministry of Science and Technology, relevant ministries, regulatory bodies and local governments shall propose scientific and technological duties to the Program provide instructions on establishment of plans and organize the implementation of their science and technology market development programs; facilitate entities in participating and effectively fulfilling assigned duties.

5. Relevant ministries, regulatory bodies and local governments shall establish their science and technology market development programs on the basis of contents of the Science and Technology Market Development Program by 2020; mobilize funding from other sources as regulated by laws to implement the Program’s duties.”

15. Amendments to Article 29:

“Article 29. Responsibilities of the responsible organizations

1. Develop approved contents to implement targets and products of the Program’s duties.

2. Assume responsibility for the progress and results of the implementation of the Program’s duties.

3. Bear the inspection of the implementation of the Program’s duties according to approved targets, contents and progress.

4. Submit written proposals to Ministry of Science and Technology (via the National Agency for Technology Entrepreneurship and Commercialization Development) about the adjustment of targets, contents, solutions and implementation progress of the Program's duties in conformity with practical conditions and current regulations.

5. Make regular reports (including 6-month, annual, preliminary and final summary reports) and irregular reports on the implementation of the Program's duties and statement of expenditures to competent authorities.”

16. Article 17, Article 18, Article 19, Article 20, Article 21, Article 22, Article 23 and Article 24 are abrogated.

Article 2. Effect

1. This Circular takes effect as of June 10, 2016.

2. In case legislative documents referred to in this Circular are amended or replaced, the new ones shall apply.

3. Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Science and Technology for consideration./.