CIRCULAR

PRESCRIBING FORMULATION, CONCLUSION AND MANAGEMENT OF INTERNATIONAL COOPERATION PROGRAMS OF THE NATIONAL FOUNDATION FOR SCIENCE AND TECHNOLOGY DEVELOPMENT IN FUNDING FULFILLMENT OF SCIENCE AND TECHNOLOGY TASKS AND SUPPORTING IMPROVEMENT OF NATIONAL SCIENCE AND TECHNOLOGY CAPACITY

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

Pursuant to the Government’s Decree No.23/2014/ND-CP dated April 03, 2014 on the Statutes on organization and operation of the National Foundation for Science and Technology Development;

Upon the request of the Director of the National Foundation for Science and Technology Development and the Director of the Legal Department;

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 funding the fulfillment of science and technology tasks and supporting the improvement of the national science and technology capacity.

Chapter I

GENERAL PROVISIONS

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1. Scope:

This Circular provides regulations on the formulation, conclusion and management of international cooperation programs of the National Foundation for Science and Technology Development (hereinafter referred to as “NAFOSTED”) in funding the fulfillment of science and technology tasks and supporting the improvement of the national science and technology capacity.

2. Regulated entities:

Organizations and individuals that operate in the field of science and technology in Vietnam and register for performance of science and technology tasks or activities concerning the improvement of the national science and technology capacity of the NAFOSTED’s international cooperation programs as regulated herein and other relevant authorities, organizations and individuals.

Article 2. Interpretation of terms

For the purpose of this Circular, the terms below are construed as follows:

1. “NAFOSTED’s international cooperation programs” refers to the cooperation between the NAFOSTED and foreign organizations in funding the performance of science and technology tasks and/or supporting the improvement of the national science and technology capacity in one or several sectors for a specific period agreed upon by the parties and specified in the signed cooperation agreements.

2. “science and technology tasks” refers to fundamental research, applied research, unplanned science and technology tasks of great scientific and practical importance, and potential science and technology tasks.

3. “activities of increasing the national science and technology capacity” refers to those defined in Article 1 of the Circular No. 09/2015/TT-BKHCN dated May 15, 2015 by the Ministry of Science and Technology (hereinafter referred to as “Circular No. 09/2015/TT-BKHCN”).

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5. “NAFOSTED’s partner” refers to a foreign organization that cooperates with the NAFOSTED in funding the performance of science and technology tasks and supporting activities of increasing the national science and technology capacity.

Article 3. Objectives of international cooperation programs

1. Promote the international cooperation in doing scientific research, supporting the academic exchange between Vietnamese scientists and foreign scientists, creating a convenient research environment and facilitating the international integration serving the purposes of increasing the national science and technology capacity.

2. Mobilize foreign resources (including sources of financing and skilled human resources in science) for the career of scientific research of Vietnam.

3. Intensify the connection and development of the international cooperation network with the aims of enhancing the efficiency of management and funding of scientific research of Vietnam.

Article 4. Principles for cooperation and selection of NAFOSTED’s partners

1. Participants in a cooperation program shall have equal obligations and responsibilities for performing relevant works, ensuring the national security and compliance with the lawsoft of related countries, international treaties and relevant international agreements.

2. NAFOSTED’s partners undertake to make financial contributions for implementing cooperation programs.

3. Large-scale organizations that have great capacity to fund and support science and technology activities in developing countries shall be prioritized by NAFOSTED in the course of selecting its partners.

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1. Cooperation programs shall be selected in conformity with the objectives defined in Article 3 hereof as well as the NAFOSTED’s orientations, plans and funding.

2. Science and technology tasks, and activities of increasing the national science and technology capacity included in cooperation programs shall be managed according to the funding and supporting principles of the NAFOSTED set forth in Article 4 of the Government’s Decree No. 23/2014/ND-CP dated April 03, 2014.

3. Funds for implementing cooperation programs derived from state budget and provided by the NAFOSTED shall be managed and used in accordance with regulations of the Joint Circular No. 55/2015/TTLT-BTC-BKHCN dated April 22, 2015 of the Minister of Science and Technology and the Minister of Finance, the Joint Circular No. 27/2015/TTLT-BKHCN-BTC dated December 30, 2015 of the Minister of Science and Technology and the Minister of Finance, and relevant regulations on financial management of the NAFOSTED.

4. Total amount of funds provided by the NAFOSTED for implementing a program for funding science and technology tasks shall not exceed 60% of total funding for implementing that program. In special cases (such as programs solving urgent issues or having great importance for Vietnam), the Director of the Executive Office of the NAFOSTED shall request the President of its Board of Trustees to consider and decide funding provided by the NAFOSTED for such programs.

5. The NAFOSTED may provide 100% of funding for implementing a program for performance of activities of increasing the national science and technology capacity.

Article 6. Principles for selecting science and technology tasks, and activities of increasing the national science and technology capacity of cooperation programs

1. Selection of science and technology tasks:

a) Science and technology tasks shall be selected according to assessment and classification results given by the Science and Technology Council established by the NAFOSTED and its partners.

Reviewers and members of the Science and Technology Council recommended by the NAFOSTED must satisfy relevant eligibility requirements set forth in applicable legislative documents on each proposed science and technology task.

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- The Circular No. 37/2014/TT-BKHCN dated December 12, 2014 by the Minister of Science and Technology (if a fundamental research task is proposed);

- The Circular No. 15/2016/TT-BKHCN dated June 30, 2016 by the Minister of Science and Technology (if an applied research task is proposed);

- The Circular No. 40/2014/TT-BKHCN dated December 18, 2014 by the Minister of Science and Technology (if an unplanned science and technology task of great scientific and practical importance or a potential science and technology task is proposed).

2. Activities performed for increasing the national science and technology capacity:

These activities shall be selected according to terms and conditions of cooperation agreements entered into between the NAFOSTED and its partners in conformity with provisions of the Circular No. 09/2015/TT-BKHCN.

Chapter II

FORMULATION AND CONCLUSION OF COOPERATION AGREEMENTS

Article 7. Selecting NAFOSTED’s partners

Pursuant to regulations in Article 3, Article 4 and Article 5 hereof, the NAFOSTED’s Executive Office shall look for and select suitable partners, conduct negotiation of contents of cooperation programs and prepare draft cooperation agreements.

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A cooperation agreement entered into between the NAFOSTED and its partner includes:

1. Subjects and sectors of cooperation;

2. Principles for making contributions by the parties:

Level and method of making contributions, and commitments of the parties to provide appropriate and qualified human resources for managing, funding and supporting scientific research in conformity with international practices.

3. Methods, criteria and procedures for selecting science and technology tasks, and activities of increasing the national science and technology capacity of the cooperation program.

These contents shall be elaborated in appendixes enclosed with the cooperation agreement in conformity with relevant applicable legislative documents;

4. Intellectual property rights:

Provisions on the development and application of findings from science and technology tasks/ activities of increasing the national science and technology capacity jointly funded and supported by the parties in conformity with the laws of Vietnam and of cooperating countries;

5. Validity of the cooperation agreement:

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6. Instructions for participation in the cooperation program:

These contents shall be provided in appendixes enclosed with the cooperation agreement in conformity with relevant legislative documents, specify the application for participation in the cooperation program, necessary documents, notable time marks, requirements concerning description of proposed science and technology tasks/ activities of increasing the national science and technology capacity.

Article 9. Concluding cooperation agreement

1. Procedures for getting opinions and preparing conclusion of a cooperation agreement between the NAFOSTED and its partner shall be carried out in accordance with applicable regulations on management of external affairs of the Ministry of Science and Technology.

2. After receiving an approval from the NAFOSTED's Board of Trustees, leader of the Ministry of Science and Technology and/or the Executive Director of the NAFOSTED shall enter into the cooperation agreement with the NAFOSTED’s partner.

Chapter III

MANAGEMENT OF COOPERATION PROGRAMS

Article 10. Announcing receipt of applications for participation in cooperation program

The NAFOSTED shall cooperate with its partner in publishing notices of receipt of applications for performance of tasks of the relevant cooperation program on their websites. The period for receiving applications must be at least 03 months from the date of notice.

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The NAFOSTED shall cooperate with its partner in selecting qualified reviewers and members of the Science and Technology Council, organizing assessment and selection of qualified applications for participation in the cooperation program according to the stated principles, methods and criteria.

Article 12. Announcing selection results

1. The Executive Office of the NAFOSTED shall review science and technology tasks proposed for funding, submit the qualified ones for approval and announce the list of approved science and technology tasks; evaluate and submit estimates of funding for approval; notify and instruct organizations and individuals to be provided with funding in carrying out necessary procedures as set forth in relevant legislative documents and the cooperation agreement signed between the NAFOSTED and its partner.

2. With regard to activities of increasing the national science and technology capacity proposed for supports, the Executive Office of the NAFOSTED shall review them, submit qualified ones for approval and announce the list of approved activities, and instruct organizations and individuals receiving supports to carry out necessary procedures in accordance with regulations of the Circular No. 09/2015/TT-BKHCN and the cooperation agreement signed between the NAFOSTED and its partner.

Article 13. Inspecting, evaluating, modifying and terminating agreements in course of implementing cooperation program and evaluating findings from performance of science and technology tasks and/or activities of increasing the national science and technology capacity

The NAFOSTED shall inspect, evaluate, modifying and terminating agreements in the course of implementing cooperation program and evaluating findings from performance of science and technology tasks and/or activities of increasing the national science and technology capacity in conformity with general provisions adopted by the NAFOSTED and its partner and the following legislative documents:

1. With regard to approved science and technology tasks, applicable legislative documents concerning the approved science and technology task shall apply.

2. With regard to approved activities of increasing the national science and technology capacity, procedures for allocation of funds and management of performance thereof shall comply with regulations of the Circular No. 09/2015/TT-BKHCN.

Article 14. Responsibilities of NAFOSTED and participants in cooperation programs

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3. The Executive Office of the NAFOSTED shall evaluate results of cooperation programs and submit report to its Board of Trustees upon the completion of each cooperation program.

Chapter IV

IMPLEMENTATION

Article 15. Effect

1. This Circular comes into force from October 15, 2018.

2. Cooperation agreements concluded by the NAFOSTED with its partners before the date of entry into force of this Circular shall still remain valid.

3. If legislative documents referred to in this Circular are superseded or amended and supplemented, the new ones shall apply.

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Thông tư 12/2018/TT-BKHCN quy định về xây dựng, ký kết và quản lý chương trình hợp tác quốc tế của Quỹ Phát triển khoa học và công nghệ Quốc gia trong tài trợ thực hiện nhiệm vụ khoa học và công nghệ, hỗ trợ hoạt động nâng cao năng lực khoa học và công nghệ quốc gia do Bộ trưởng Bộ Khoa học và Công nghệ ban hành