Thông tư 45/2015/TT-BCT

CIRCULAR

ON THE MANAGEMENT OF THE PROGRAM FOR DEVELOPMENT OF CERTAIN HIGH-TECH INDUSTRIES

Pursuant to the Law of High technologies dated November 13, 2008;

Pursuant to the Law of Science and Technology dated June 18, 2013;

Pursuant to the Government’s Decree No. 95/2012/ND-CP dated November 12, 2012 on the functions, missions, authority and organizational structure of the Ministry of Industry and Trade;

At the request of the Director of the Department of Science and Technology,

Minister of Industry and Trade hereby promulgates the Circular on the management of the program for development of certain high-tech industries as follows:

Chapter I

GENERAL PROVISIONS

Article 1. Scope and regulated entities

1. This Circular provides for the management and implementation of certain contents of the Program for development of certain high-tech industries according to the Prime Minister’s Decision No. 347/QD-TTg dated February 22, 2013 on the approval for the Program for development of certain hi-tech industries in the National high-tech development program (hereinafter referred to as the Program).

2. This Circular applies to agencies, organizations and individuals engaged in the implementation and management of the Program, and other relevant organizations and individuals.

Article 2. Terminology

In this Circular, these terms can be construed as follows:

1. The Steering Committee of the Program for development of certain high-tech industries towards 2020 (hereinafter referred to as the Steering Committee) is established by the Minister of Industry and Trade for directing the implementation of the Program.

2. The organization presiding over the missions of the Program (hereinafter referred to as the presiding organization) is the organization selected or assigned to conduct the missions of the Program.

3. The list of high technologies prioritized for development investment and the list of high technologies encouraged to develop are annexed to the Prime Minister's Decision No. 66/2014/QD-TTg dated October 25, 2014 on the approval of the list of high technologies prioritized for development investment and the list of high technologies encouraged to develop.

Article 3. Missions of the program

1. The missions of the program involve high-tech industrial projects and the program’s general missions.

2. High-tech industrial projects (referred to as projects) include:

a) The projects for application of high technologies in industries involve the mastery, adoption and application of high technologies defined in the list of high technologies prioritized for development investment in the process of actualization, experimental production, investment and manufacture of products on the basis of technology research or technology transfer.

The content of each project for application of a high technology in an industry shall be subject to Section 1, Part II, Article 1 of the Prime Minister's Decision No. 347/QD-TTg dated February 22, 2013.

b) The projects for manufacture of high-tech products or for provision of high-tech services involve the development and organization of high technologies, experimental production, investment and manufacture of high-tech products, provision of high-tech services and experimental trading. High-tech products and services are defined in the list of high-tech products encouraged to develop.

The content of a project for manufacture of a high-tech product or provision of a high-tech service shall be subject to Section 2 and Section 3, Part II, Article 1 of the Prime Minister’s Decision No. 347/QD-TTg dated February 22, 2013.

c) The projects for advancement of industrial sectors ancillary to the development of high-tech industries involve the investment and manufacture of industrial products ancillary to the development of high-tech industries defined in the list of ancillary industrial products prioritized for development pursuant to Point c, Section 3, Part II, Article 1 of the Prime Minister’s Decision No. 347/QD-TTg dated February 22, 2013.

The formulation, assessment and approval of a project for advancement of industrial sectors ancillary to the development of high-tech industries shall be subject to the provisions regarding construction investment activities in the government’s Decree No. 59/2015/ND-CP dated June 18, 2015 on the management of construction investment projects.

3. The general missions of the program are to implement the solutions for accomplishing the program pursuant to Point b, Section 3, Part II and Section 3 and 4, Part III, Article 1 of the Prime Minister’s Decision No. 347/QD-TTg dated February 22, 2013.

Article 4. Requirements for the missions of the program

1. The legal foundation of the missions is complete and clear.

2. The objectives, content and anticipated result of the missions accord with the program.

3. In additional to the general requirements defined in Section 1 and 2 of this Article, a project under the program shall be subject to the following requirements:

a) Meet the basic norms defined in the Circular No. 02/2012/TT-BKHCN dated January 18, 2012 by the Minister of Science and Technology on guidelines for the management of the national program for development of high technologies towards 2020.

b) Have a plan for mobilizing financial resources to maintain feasibility pursuant to the Joint Circular No. 219/2012/TTLT-BTC-BKHCN dated December 20, 2012 by the Ministry of Finance and Ministry of Science and Technology on the financial management of the national program for development of high technologies towards 2020.

c) Proceed for a duration apposite to the project's demands.

Chapter II

PROPOSAL AND DETERMINATION OF THE MISSIONS OF THE PROGRAM

Article 5. Proposal of the missions of the program

1. On annual basis, the relevant organizations shall prepare and send mission proposals to the Ministry of Industry and Trade. A mission proposal consists of:

a) The mission proposal form n^o B1.1-VBDX-CNC;

b) The mission proposal sheet n^o B1.2-PDX-CNC;

c) Relevant documents regarding legal affairs (if any).

2. A proposal shall include 01 set of original papers and 01 set of digitalized documents in Microsoft office file format.

3. A proposal shall be sent by post or by hand to the Ministry of Industry and Trade.

4. The body managing the program's missions shall lead and cooperate with relevant entities in formulating the Steering Committee’s requests for the general missions of the program.

Article 6. Profiling of missions on request

1. The body managing the program’s missions shall aggregate the organizations’ proposals and other requests to categorize the program’s missions by sector and to profile the missions on request.

2. The missions on request shall be profiled in the following manner:

a) The body managing the program’s missions examines and assesses the proposal. A proposal has to meet the requirements in Article 4 herein.

b) By assessing a proposal, the body managing the program’s missions shall determine the mission with the aid of an advisory council or independent advisor(s).

3. The body managing the program’s missions shall report the proposals for the general missions of the program to the head of the Steering Committee for decision on the content, expense and method of implementation. When necessary, a general mission of the program shall be determined with the aid of independent advisor(s).

Article 7. Advisory council that determines the missions of the program

1. Head of the Ministry of Industry and Trade shall decide on the establishment of advisory councils, according to the progress of proposals, to specify scientific and technological missions apposite to the proposals.

2. Composition of an advisory council

a) An advisory council consists of 09 to 11 members, who are 01 chairperson, 01 vice chairperson and council members;

b) The members of an advisory council shall be the representatives of the agencies under the Ministry of Industry and Trade or other ministries or bodies concerning the sectors proposed; the prestigious scientists and specialists with proper expertise and thorough knowledge of the scientific and technological sectors on which they are designated to provide counsels.

3. A council shall have one (01) administrative secretary who is a specialist from the body managing the missions of the program.

4. Responsibilities of an advisory council

a) Analyze, evaluate and provide basic counsels on the objectives, content, anticipated result and deployment method (selection or designation) of a project;

b) Provide counsels to the Ministry of Industry and Trade for determining and selecting the proposals necessarily implemented as per regulations;

c) Members of the advisory council shall be responsible for examining the documents that the administrative secretary provides and for making remarks on the proposal(s);

5. Principles and working method of an advisory council

a) The advisory council functions on the principle of democracy and impartiality. In addition, it assumes individual or collective liability for the objectivity and precision of independent advices and for the council’s joint conclusions, respectively;

b) A meeting of the council shall be held in the presence of at least two thirds of its members, including the chairperson or vice chairperson. The opinions of absent members, which are collected in writing, shall be used for reference only;

c) Chairperson of the council shall preside over its meetings. In the absence of the chairperson, the vice chairperson shall be mandated in writing, pursuant to the Form No. B2.1-UQ-HIGH TECHNOLOGY, to preside over a meeting.

6. Working procedure of a council

a) The administrative secretary announces the decision on the establishment of the council;

b) The representative of the body managing the missions of the program provides a summary of requirements for the council;

c) Chairperson or Vice Chairperson (in the absence of the Chairperson) presides over the meeting;

d) The council elects 01 scientific secretary by voting;

dd) Members of the council discuss and appraise the proposal pursuant to Article 4 herein and to Article 19 of the Circular No. 07/2014/TT-BKHCN dated May 26, 2014 by the Ministry of Science and Technology on the procedure for determining national state-funded science and technology missions;

e) The council elects a vote counting board with 03 members, one of who is the chief of the board;

g) The members of the council vote on the remark and assessment of the proposal according to the Form No. B2.2-PNXDX-CNC and B2.3-PDGDX-CNC. The vote counting result is presented according to the Form No. B2.4-BBKPDGDX-CNC;

h) The proposal shall be recommended for "realization" providing that none of its contents is marked "unqualified" in the assessment form. The proposal recommended for realization shall be approved by at least two thirds of the members present providing that the number of members present is not lower than half of the quantity of the council's members;

i) The council discusses and determines the name of the mission, objectives and anticipated result;

k) If not able to reach a final conclusion, the council shall report to the Ministry of Industry and Trade for decision;

l) The scientific secretary makes the written record of the council's meeting with the Form No. B2.5-BBXDDM-CNC.

Article 8. Approval of the list of the requested missions of the program

1. In 07 working days upon being informed of the result of the council's meeting, the body managing the program’s missions shall review the working procedure of the council and shall consider the council’s counsels regarding the requested missions pursuant to Article 4 herein. When necessary, the body managing the program’s missions shall report to the Ministry for additional advices from one or two independent specialists or shall establish another council to re-define the missions of the program.

2. The body managing the program’s missions shall draft the list of the requested missions of the program based on the review of procedure and request of advices according to Section 1 of this Article and shall report to the Ministry to inquire about the opinion of the Ministry of Science and Technology in writing.

3. After inquiring in writing about the opinion of the Ministry of Science and Technology on the draft list of the requested missions of the program or more than 15 working days after the date that the written inquiry is sent without a response from the Ministry of Science and Technology, the body managing the missions of the program shall present the list of the requested missions of the program to the Ministry of approval.

Chapter III

SELECTION OR DESIGNATION OF ORGANIZATIONS TO CONDUCT THE MISSIONS OF THE PROGRAM

Article 9. Designation

The designation of an organization to carry out a mission of the program is applicable in the following events:

1. The advisory council considers the mission feasible in terms of finance, human resource, expertise and equipment; and proposes the method of designation.

2. The mission is a project in the plan for development of certain high-tech industries towards 2020 (as approved pursuant to the Prime Minister's Decision No. 842/QD-TTg dated June 01, 2011) and has been approved by the Prime Minister to be eligible for preferential treatments pursuant to the Prime Minister’s Decision No. 2457/QD-TTg dated December 31, 2010 on the approval of the national program for development of high technology towards 2020.

Article 10. Notification of the selection or designation of organizations to conduct the missions of the program

1. For the missions of the program that are conducted by method of selection: Ministry of Industry and Trade makes them public on its website or on mass media in 30 days to select the organizations that qualify.

2. For the missions of the program that are conducted by method of designation: Ministry of Industry and Trade notifies the organizations designated in writing.

Article 11. Principles and conditions for selection or designation of entities to conduct the missions of the program

1. The selection or designation of an organization to carry out a mission of the program shall be subject to the principles defined in Article 3 of the Circular No. 10/2014/TT-BKHCN dated May 30, 2014 by the Ministry of Science and Technology on the selection and designation of organizations and individuals to conduct national state-funded missions (hereinafter referred to as the Circular No. 10/2014/TT-BKHCN).

2. The organizations signing up for selection or designation to conduct the missions of the program shall be subject to the conditions defined in Article 4 of the Circular No. 10/2014/TT-BKHCN.

Article 12. Application for selection or designation to conduct the missions of the program

1. An organization shall prepare the application for selection or designation to conduct a mission of the program according to the guideline and forms annexed herein:

a) The application form n^o B3.1-DON-CNC for undertaking the mission;

b) The form n^o B3.2a-TMDAUD-CNC or B3.2b-TMDASPDV-CNC for explanation of the construction mission;

c) The form n^o B3.3-LLTC-CNC for summary of the applicant's scientific and technological activities;

d) The scientific records of the manager of the mission and participants (no more than 10), which have been authenticated by competent authorities, based on the form n^o B3.4-LLCN-CNC;

dd) The scientific resumes of the foreign specialists and the written confirmation of their salary (if foreign specialists are hired);

e) The written confirmation by the entity that applies for cooperating in implementing the mission, which is a project, based on the form n^o B3.5-PHTH-CNC (if any);

g) The written undertaking and/or written evidences of the project’s satisfaction of the high-tech project norms defined in the Circular No. 02/2012/TT-BKHCN dated January 18, 2012 by the Minister of Science and Technology on guidelines for the management of the national program for development of high technologies towards 2020;

h) The price quotations for main equipment and materials to be purchased for conducting the mission;

i) The written evidences of the financial capacity of the organization applying for presiding over the mission, which is a project (its financial reports for the last 02 years prior to the submission of the application, and the written confirmation of financial and credit institutions of non-state finances for the project);

k) The notarized copy of one of the following papers: (i) the certificate of registration of science and technology activities; (ii) the written undertaking to supplement the certificate of registration of science and technology activities 12 months after the assignment of the organization to preside over the project; (iii) the certificate of high-tech enterprise; (iv) the certificate of application of high technology; (v) the certificate of science and technology enterprise; (vi) the certificate of investment in high-tech parks.

2. Quantity of documents: 01 original (which bears the official seal and live signature) and 09 copies shall be contained in one sealed envelope that is externally labeled with the name of the mission of the program; the name and address of the organization apply for presiding over the mission; the full name of the presiding individual; the full names and employers of the participants; the list of documents included in the application.

3. Deadline for application:

a) The deadline for application shall be defined in the written announcement (for the applications for selection) and in the written notification (for the applications for designation).

b) The date of receipt shall be the date that the receipt stamp of the Ministry of Industry and Trade is appended.

c) The organizations and individuals applying for selection have the right to withdraw their submitted applications to amend them or file new ones. An application replaced or amended must be submitted by the defined deadline. The amendments shall be a constituent part of the application.

Article 13. Processing and authentication of applications for selection or designation to conduct the missions of the program

1. In 10 working days from the end of the deadline for submission of the applications for selection or designation, the body managing the missions of the program shall process and authenticate the applications.

2. The applications valid for consideration shall be those prepared according to the forms and pursuant to Article 11 and Article 12 herein.

3. The result of the processing of the applications shall be recorded in writing via the Form No. B4.1-BBMHS-HIGH TECHNOLOGY.

Article 14. Formation of the council for assessing applications for selection or designation and the team for verifying spending on the missions of the program

1. Minister of Industry and Trade shall decide on the establishment of the council that assesses the applications for selection or designation and the team that verifies the expenditure on the missions of the program.

2. The council shall consists of 09 members, who are the chairperson, vice chairperson, two (02) countering members and others, providing that:

a) At least 06 members are specialists with expertise apposite to the mission proposed and at least 05 years’ active experience in the scientific sector on which they are assigned to advise (the feasibility of the requirement for 5 years' experience shall be maintained);

b) At least 03 members are representatives of government authorities, science management bodies, business organizations benefiting from the result of the mission and other relevant organizations.

3. The following individuals shall not be a member of the council:

a) The individuals presiding over or participating in a mission;

b) The individuals belong to an organization that applies for presiding over the mission.

4. Specialists and countering members who have been in the advisory council that determines a mission shall be given priority in participating in the advisory council for selection or designation of entities to such mission.

5. The team that verifies expenditure on a mission (hereinafter referred to as the verification team) shall consist of 03 members including:

a) A leader who is the head of the body managing the program's missions;

b) A vice leader who is the representative of the expenditure management body of the Ministry of Industry and Trade;

c) 01 member who is the chairperson, vice chairperson or countering member of the council that selects or designates an organization or individual to carry out the project;

d) The leader of the verification team may invite the representatives of other relevant organizations and other individuals concerned, according to the actual situation, to attend and speak at a meeting of the verification team.

6. The council and the verification team shall have one (01) administrative secretary who is a specialist from the body managing the missions of the program.

Article 15. Working procedure of the council and criteria for assessing the applications for selection or designation

1. The administrative secretary announces the decision on the formation of the council and the written record of application processing. In addition, the composition of the council and participating representatives are introduced.

2. The representative of the body managing the missions of the program provides a summary of requirements for the council;

3. The chairperson of the council (or the vice chairperson mandated in writing by the Form No. B2.1-UQ-CNC in the absence of the chairperson) shall preside over the meeting.

4. The council elects 01 scientific secretary by voting;

5. The council assesses and compares the applications for selection or designation:

a) The countering members and specialists analyze and assess each application and compare the applications filed for the same mission according to the criteria defined.

b) The council may pose questions to the countering members and specialists about each criterion for assessing each application.

c) The scientific secretary reads out the opinions of the absent members (if any), which have been collected in writing, for the council to consider.

d) The council discusses, appraises and compares each application according to the defined criteria. Upon finishing their discussion, the members of the council shall remark on and score each application according to the Form No. B4.2a-PDGDAUD-CNC or B4.2b-PDGSPDV-CNC.

6. The council elects a vote counting board.

a) The voting counting board consists of 03 members of the council (one of who is elected as the board leader).

b) The council votes on each application. A voting sheet is deemed valid when its content adheres to the instructions provided on the sheet.

7. The votes are aggregated.

a) The vote counting board reckons up the votes and reports thereof to the council according to the Form No. B4.3-BBKPDG-CNC.

b) The council ranks the applications by total average score in descending order according to the Form No. B4.4-XHKPDG-CNC on the following principles:

The applications, if acquiring an equal amount of total average score, shall be given ranking priority by obtaining a higher score from the chairperson of the council (or the vice chairperson in the absence of the chairperson).

If the chairperson (of the vice chairperson in the absence of the chairperson) and the council gives equal scores and equal ranks, respectively, to the applications, the council shall propose the method of selection.

8. The council approves the written record of the council’s working session and recommends the organization or individual selected or designated to preside over the mission:

a) The organization or individual recommended for selection or designation shall be those given the highest rank and total average score pursuant to Point b, Section 7 of this Article providing that the total average score for the criteria reaches at least 70 out of 100 and that no zero (0) is given by more than one third of the present members of the council for a criteria.

b) The council shall discuss and propose the essential amendments to the explanations and main science and technology products with the relevant economic and technical norms required. In addition, it shall propose the expenditure on the mission and state the notes for the organization or individual recommended for selection or designation to complete the application.

c) The council makes a written record of its working session according to the Form No. B4.5-BBHDTC-CNC.

Article 16. Verification of expenditure on a mission

1. The expenditure verification team shall base on the counsels of the council to verify the applications of the organizations and those recommended for selection or designation.

2. The verification team shall adhere to the principles and responsibilities defined in Section 1 and 2, Article 13 of the Circular No. 10/2014/TT-BKHCN and Section 5, Article 1 of the Circular No. 23/2014/TT-BKHCN dated September 19, 2014 by the Ministry of Science and Technology on amendments to certain articles of the Circular No. 10/2014/TT-BKHCN.

3. The written record of expenditure verification is made according to the Form No. B4.6-BBTDKP-CNC.

Article 17. Scrutiny of the works of advisory councils for selection and designation and of expenditure verification teams

1. In 07 working days upon being informed of the conclusions of the councils and verification teams, the body managing the program’s missions shall scrutinize the counsels on selection and designation for the missions of the program. When necessary, the body managing the missions of the program shall propose to the management of the Ministry for additional advices from independent consultants pursuant to Article 18 herein.

2. Ministry of Industry and Trade shall base on the result of scrutiny and advices from independent specialists (if any) to request the councils to perform a review or to form new councils that appraise the applications that have been unreasonably assessed. In addition, the actual facilities, technical capacities, human resources and financial abilities of the organization and those recommended to preside over the mission.

Article 18. Advices from independent specialists on the selection or designation of organizations and individuals to preside over the missions of the program

1. The body managing the program’s missions shall recommend independent specialists to the Ministry for choosing three of them to obtain advices on the selection of the organizations and the organizations presiding over the missions of the program.

2. Independent specialists shall provide advices in writing after assessing the applications for selection or designation of the organizations and the organizations presiding over the missions. Independent specialists work independently and hold liability to the law for their remarks, assessment and conclusion.

3. The body managing the program’s missions shall deliver the applications for selection or designation to independent specialists for re-assessment. An application shall be assessed in no more than 15 days from the date of receipt.

4. An application for selection or designation shall proceed to approval if it is scored 70 or higher by at least 02 independent specialists.

Article 19. Approval of the content and estimate of the expenditure on the missions of the program

1. The body managing the program’s missions shall base on the conclusions of the council and the team for verifying expenditure on a mission of the program and the advices from independent specialists (if any) to aggregate information on the content and estimate of the expenditure on the program's mission and notify the applicant organizations selected or designated of necessary supplements to their applications.

2. The applicant organizations selected or designated shall be responsible for amending, completing and sending their applications according to the conclusions of the council, the verification team and the independent advisory specialists (if any) to the Ministry of Industry and Trade in 15 days from the date of notification. If the Ministry of Industry and Trade does not receive the application completed as requested by such deadline, the applicant organization concerned shall be removed from the list of selection or designation.

3. After receiving the applications from the organizations according to Section 2 of this Article, the Ministry of Industry and Trade shall forward them to the Ministry of Science and Technology, which examines the documents as per regulations.

4. The body managing the program’s missions shall present the list of requested missions of the program to the Minister for approval after obtaining the written conclusion of the Ministry of Science and Technology on the draft list of requested missions of the program or after 15 working days from the date that the request for document examination is sent if no response is given by the Ministry of Science and Technology. The list of requested missions of the program shall be published on the e-portal of the Ministry of Industry and Trade.

5. Ministry of Industry and Trade shall send the written approval of the list of requested missions of the program to the Ministry of Science and Technology, Ministry of Finance and Ministry of Planning and Investment for aggregating the plans and apportioning the state budget as per regulations.

Article 20. Revision to the list and the estimate of expenditure on the missions of the program

1. The body managing the program’s missions shall lead and cooperate with relevant entities in reviewing and apportion expenditure and revising the list and the estimate of expenditure on the missions of the program according to the notifications of the Ministry of Finance and the Ministry of Science and Technology of the allocation of state budget and the science and technology plans in the planned year, respectively.

2. The body managing the program’s missions shall aggregate and present information to the management of the Ministry for approval of the missions of the program.

Article 21. Original document retention and information management

1. At the end of the selection or designation of organizations and the verification of expenditure on the missions of the program, the administrative secretaries of the councils shall be responsible for aggregating papers and sending original documents (including those in the failed applications) to the body managing the program's missions for retention as per current regulations.

2. The members of the advisory councils for selection and designation, administrative secretaries and relevant organizations and individuals shall adhere to the regulations on selection process and confidentiality of information concerning the process of assessment and selection of the organizations presiding over the missions of the program.

Chapter IV

ORGANIZATION, INSPECTION, ASSESSMENT AND FINALIZATION OF THE MISSIONS OF THE PROGRAM

Article 22. Organization, inspection, assessment and finalization of the general missions of the program

The organization, inspection, assessment and finalization of the general missions of the program shall be subject to the Circular No. 50/2014/TT-BCT dated December 15, 2014 by the Ministry of Industry and Trade on the management of science and technology missions of the Ministry of Industry and Trade.

Article 23. Organization, inspection, assessment and finalization of the projects of the program

1. The signing of the contracts for implementing the projects of the program shall be subject to Article 12 of the Circular No. 05/2015/TT-BKHCN dated March 12, 2015 by the Ministry of Science and Technology on the management of national science and technology programs (hereinafter referred to as the Circular No. 05/2015/TT-BKHCN).

The sample of a contract for implementing a mission of the program is defined in the Circular No. 05/2014/TT-BKHCN dated April 10, 2014 by the Ministry of Science and Technology on “the sample of the contract for science research and technology development".

2. Revisions during the implementation of a project of the program shall be subject to Article 13 of the Circular No. 05/2015/TT-BKHCN.

3. The body managing the program’s missions shall lead and cooperate with the entities concerned in inspecting and evaluating each phase of the projects once per year or on ad hoc basis. The result of mid-project inspection and evaluation shall be the basis of the implementation of subsequent activities of a project according to the signed contract.

4. Mid-project inspection and evaluation shall be subject to the Circular No. 04/2015/TT-BKHCN dated March 11, 2015 by the Ministry of Science and Technology on the inspection, evaluation, adjustment and termination of contracts during the implementation of national state-funded science and technology missions.

5. The finalization, assessment, accreditation and announcement of the result of the projects of the program shall be subject to Article 16 of the Circular No. 05/2015/TT-BKHCN.

6. The finalization of contracts and the application of the achievements of the program’s projects shall be subject to Article 17 of the Circular No. 05/2015/TT-BKHCN.

7. The liquidation of assets at the end of a project of the program shall be subject to current regulations.

Chapter V

IMPLEMENTATION

Article 24. Duties of the bodies under the Ministry of Industry and Trade

1. Department of Science and Technology

a) Department of Science and Technology is the body managing the missions of the program. It is responsible for supporting the Minister of Industry and Trade to implement the program according to the objectives and contents approved. In addition, it is responsible for exercising state management of the program as per regulations;

b) Apart from being responsible for managing the missions of the program, the Department of Science and Technology shall carry out the missions of the Program Steering Committee pursuant to Article 8 of the Circular No. 05/2015/TT-BKHCN dated March 12, 2015 by the Ministry of Science and Technology on the management of national science and technology programs (hereinafter referred to as the Circular No. 05/2015/TT-BKHCN dated March 12, 2015);

c) Department of Science and Technology shall be given finances, equipment and other benefits pursuant to Section 4, Article 5 of the Circular No. 05/2015/TT-BKHCN dated March 12, 2015 and to Article 8 and Article 9 of the Joint Circular No. 219/2012/TTLT-BTC-BKHCN dated December 20, 2012 by the Ministry of Finance and Ministry of Science and Technology on the financial management of the national program for high technology development towards 2020.

2. Department of Finance

a) Department of Finance shall manage the expenditure on the missions of the program. It shall be responsible for providing financial guidelines and other instructions regarding current regulations to the organizations and individuals implementing science and technology missions;

b) It shall cooperate with the Department of Science and Technology in verifying the expenditure on the missions and in inspecting the progress of the program’s missions on periodic and ad hoc basis;

c) It shall lead and cooperate with the Department of Science and Technology in aggregating information and apportioning the estimated expenditure, in examining and finalizing finances as per current regulations.

3. Office of the Ministry

It shall cooperate with the Department of Science and Technology and Department of Finance in managing the missions of the program as per current regulations.

Article 25. Implementation

1. This Circular comes into force as of January 25, 2016.

2. The missions approved prior to the effective date of this Circular shall proceed pursuant to the regulations that were in effect upon the approval of such missions.

3. If the legislative documents mentioned in this Circular are amended or replaced, the amended documents and replacements shall take effect.

Article 26. Implementation

1. Heads of the bodies under the Ministry, heads of other agencies and organizations, and individuals concerned shall be responsible for implementing this Circular.

2. Difficulties ensuing during the process of implementation shall be reported promptly to the Ministry of Industry and Trade for review and revision./.