CIRCULAR

MANAGEMENT OF NATIONAL PROGRAM FOR DEVELOPMENT OF HIGH TECHNOLOGY BY 2030

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

Pursuant to the Law on High Technology dated November 13, 2008;

Pursuant to Decree No.28/2023/ND-CP dated June 02, 2023 of the Government on functions, tasks, powers, and organizational structures of Ministry of Science and Technology;

Pursuant to Decree No.08/2014/ND-CP dated January 27,2014 of the Government elaborating and guiding the Law on Science and Technology;

At request of Director of Department of High Technology and Director of Department of Legal Affairs;

The Minister of Science and Technology promulgates Circular on management of National Program for Development of High Technology by 2030.

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GENERAL PROVISIONS

Article 1. Scope and regulated entities

1. This Circular prescribes the management of National Program for Development of High Technology by 2030 approved under Decision No. 130/QD-TTg dated January 27, 2021 of the Prime Minister (hereinafter referred to as “High Technology Program”).

2. This Circular applies to agencies, organizations, enterprises, and individuals implementing, organizing implementation of, and managing High Technology Program.

Article 2. Definitions

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

1. Sub-programs affiliated to High Technology Program (hereinafter referred to as “Sub-programs”) mean programs which ministries are assigned with to organize development and implementation, including: Program for research, application, and development of high technology, development of high technology products and services which is presided by the Ministry of Science and Technology; Program for development of high technology industries which is presided by the Ministry of Industry and Trade; Program for development of agriculture applying high technology which is presided by the Ministry of Agriculture and Rural Development.

2. Board of Directors of National Program for Development of High Technology by 2030 (hereinafter referred to as “Board of Directors of High Technology Program”) is established by the Minister of Science and Technology and tasked with advising about implementation of activities under High Technology Program.

3. Operation managing entity means an entity assigned by the Ministry of Science and Technology to implement professional operations in accordance with objectives, contents, and products of High Technology Program detailed under framework of sub-programs affiliated to High Technology Program and approved by the ministries.

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Article 3. Tasks affiliated to High Technology Program

Tasks affiliated to High Technology Program include:

1. National-level science and technology tasks (hereinafter referred to as “science and technology tasks”) implemented in form of projects for experimental production, projects for science and technology, including:

- Study to master, develop high technology, finalize high technology, perform experimental production and invest in production of high technology products at industry scale, provide high technology services; study to decode technology, utilize inventions, carry out experiments, produce high technology products at industry scale, provide high technology services;

- Study to master imported technologies, transferred technologies appropriate to production conditions in Vietnam, carry out experiments and experimental production of high technology products at small scale; apply science research results on the basis of study for completion of technology, experimental production of high technology products, or transfer of technology.

2. Framework activities of High Technology Program, including: supporting and facilitating application, production of products and services applying high technology; promoting international cooperation regarding high technology; raising society awareness regarding roles and impact of high technology via the development, improvement of regulations, policies, and effective implementation of policies in relevant Programs, Schemes approved by competent authorities.

Article 4. General rules for selecting science and technology tasks affiliated to High Technology Program

1. High technology and products thereof developed, created from science and technology tasks must:

b) be under List of high technologies prioritized for development and List of high technology products encouraged for development of the Prime Minister;

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c) have economic-technical norms satisfying regional or international standards; be inspected at independent entities tasked with and capable of inspection; compliant with standards and technical regulations on environment;

d) be able to compete and expand the market domestically and internationally.

2. Objectives of science and technology tasks must be clear, appropriate to framework of sub-programs affiliated to High Technology Program approved by ministries, quantifiable, and influential to socio-economic development of the sector, industry, and country; expect market scale, sufficiently significant value of technology and products created by the tasks.

3. Organizations presiding science and technology tasks must be able to mobilize external resources to guarantee finance, technology, and other factors for project success; legitimate reciprocal funding from other non-state budget funding sources for research and development activities in Vietnam. Other cases decided by the Minister of Science and Technology.

4. Encourage science and technology tasks to create high technology, products of high technology on the basis of mastering technologies in leading fields of technology or primary technologies, products of fields, sectors, administrative subdivisions that are available for commercialization and market consumption.

5. If organizations presiding science and technology tasks are new established enterprises that have not produced financial states as of the date on which they carry out the tasks, presiding organizations must obtain bank guarantee prior to signing contracts.

Article 5. Code of science and technology tasks affiliated to High Technology Program

Code of science and technology tasks affiliated to High Technology Program:

1. Code of science and technology projects:

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b) Code of science and technology topics affiliated to science and technology projects is: CNC.aa.KHCN.DT.xx/yy;

c) Code of experimental production projects affiliated to science and technology projects is: CNC.aa.KHCN.DA.xx/yy.

2. Code of experimental production projects is CNC.aa.DA.xx/yy

3. The digits “aa”, “xx”, and “yy” in Clause 1 and Clause 2 of this Article indicate:

“aa” means two letters indicating name of sub-program, to be specific: “KH” stands for Program for research, application, and development of high technology, development of high technology products and services; “CN” stands for Program for development of high technology industries; “NN” stands for Program for development of agriculture applying high technology.

“xx” means the number of science and technology project or experimental production project.

“yy” means the last two digits of the year in which science and technology project or experimental production project is initiated.

Chapter II

CRITERIA FOR SELECTING SCIENCE AND TECHNOLOGY TASKS AFFILIATED TO HIGH TECHNOLOGY PROGRAM

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Science and technology projects must meet criteria below:

1. Technologies researched and developed in science and technology projects must be specified under List of high technologies prioritized for investment and development attached to Decision of Prime Minister and: technologies researched, developed, applied to create products competitive with products of the same type manufactured domestically or imported; researched to replace technologies imported from other countries.

2. Objectives, contents of science and technology projects must be naturally linked, synchronous, and carried out in a definite period of time and inform of science and technology schemes, experimental production projects (hereinafter referred to as “tasks affiliated to science and technology projects”).

3. Results of science and technology projects must: ensure advanced development of high technology in the region from time to time corresponding to practical demand, effectively utilize high technology in producing products, providing services involving high technology; or play a decisive role in creating leading products of economy sectors; or create public high technology services, establish high technology enterprises on the basis of scientific research results.

4. Presiding organizations and directors of science and technology projects must meet requirements below:

a) Presiding organizations must be juridical persons, fully capable in terms of facilities, finance, personnel, ability to implement, cooperate in researching and applying science and technology project results in production.

Prioritize presiding organizations that are implementing investment projects in priority fields relating to proposed science and technology projects and obtaining Certificate of high technology application, high technology enterprises, agricultural enterprises applying high technology, or have implemented in hi-technology zones (in respect of projects for investment projects for high technology research and development facilities, application of high technology in producing high technology products, providing high technology services), agricultural areas applying high technology (in respect of investment and research projects applying high technology, applying high technology in producing agricultural products, providing high technology services);

b) Directors of science and technology projects must be figureheads of organizations presiding the science and technology projects, have sufficient time and capability in organizing implementation of science and technology projects. Other cases decided by the Minister of Science and Technology.

5. As of the date on which organizations presiding science and technology projects register participation in science and technology projects, the presiding organizations must have published at least one science journal or registered 1 patent/useful solutions within the field of the projects, appropriate to practical situations, and capable of being applied in production or 1 scheme, project in relevant field from ministerial level (or equivalent) or higher and commissioned or subject to technology transfer.

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7. Environmentally friendly and energy-saving solutions are complied with and applied in production in a manner that satisfies standards and technical regulation of Vietnam; if respective standards and technical regulations of Vietnam are not available, standards of specialized international organizations shall be applied.

8. Science and technology projects that utilize domestically produced fuel, materials, ingredients, components, spare parts are encouraged and prioritized.

Article 7. Criteria of experimental production projects affiliated with High Technology Program

Experimental production projects must meet criteria below:

1. Technologies researched and developed in experimental production projects (hereinafter referred to as “projects”) must be specified under List of high technologies prioritized for investment and development under Decision of the Prime Minister and must be: technologies researched and developed to create highly practical products; or researched to be mastered, harnessed in respect of imported high technology and transferred high technology; or researched for completion or decoding of technology; or researched for creation of high technology.

2. Project results must: guarantee advanced development of high technology in the region from time to time appropriate to practical demands; or be viable in application or development of products on a scale of mass production, application of high technology services, establishment of high technology enterprises on the basis of scientific research results; or create high technology products, form close connection between science, technology enterprises and organizations.

3. Primary members participating in projects must have university-level education or higher.

4. As of the date on which organizations presiding projects register participation in projects, the presiding organizations must have published at least one science journal or registered 1 patent/useful solutions within the field of the projects, appropriate to practical situations, and capable of being applied in production or 1 scheme, project in relevant field from ministerial level (or equivalent) or higher and commissioned or subject to technology transfer.

5. Environmentally friendly and energy-saving solutions are complied with and applied in production in a manner that satisfies standards and technical regulation of Vietnam; if respective standards and technical regulations of Vietnam are not available, standards of specialized international organizations shall be applied.

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Chapter III

MANAGEMENT OF SCIENCE AND TECHNOLOGY TASKS AFFILIATED TO HIGH TECHNOLOGY PROGRAM

Article 8. Proposition and commissioning of science and technology tasks affiliated to High Technology Program

1. Based on objectives, tasks, and solutions for implementation of High Technology Program and rules, principles of selecting science and technology tasks under Article 4, Article 6, Article 7 hereof, organizations and individuals proposing tasks in sub-programs affiliated to High Technology Program shall send written Task proposal to the ministries presiding sub-programs in accordance with Clause 1 Article 2 hereof.

a) In respect of proposal of science and technology projects, the proposal consists of:

- Written proposal of science and technology project using Form No. A1-DXDAKHCN under Appendix attached hereto.

- Written proposal of tasks affiliated to science and technology projects using Form No. A1.1-DXDT (Written proposal of science and technology topics), Form No. A1.2-DXDA (Written proposal of projects) under Appendix attached hereto;

- Documents proving fulfillment of eligibility under Point a Clause 4 Article 6 hereof (copies).

b) In respect of proposal of experimental production projects, use Form No. A1.2-DXDA under Appendix attached hereto.

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a) Official Dispatches on commissioning;

b) List of commissioned tasks using Form No. B1-DXDH under Appendix attached to Circular No. 06/2023/TT-BKHCN dated May 25, 2023 of the Minister of Science and Technology (hereinafter referred to as “Circular No. 06/2023/TT-BKHCN”);

c) Written task proposal from organizations and individuals using Forms under Clause 1 of this Article.

3. The Ministry of Science and Technology shall receive, consolidate task proposal, commission proposal, develop, process commission proposal in accordance with Point b Clause 1 Article 8 and Clause 2 Article 9 of Circular No. 06/2023/TT-BKHCN.

Article 9. Determination, selection, direct assignment, and expenditure evaluation of science and technology tasks affiliated to High Technology Program

1. Procedures for determining science and technology tasks affiliated to High Technology Program:

a) Establishment; working principles; working procedures of Advisory council for determination of tasks shall conform to Article 10, Article 11, and Article 12 of Circular No. 06/2023/TT-BKHCN;

b) Contents of discussion of the Advisory council for determination of tasks consist of Article 13 of Circular No. 06/2023/TT-BKHCN and results of conformity assessment of technology, products of task proposal to List of high technologies prioritized for investment and development and List of high technology products encouraged for development attached to Decisions of the Prime Minister.

Written feedback and Written assessment of task commission proposal using Form No. 1a-NXDX.KHCN (Written assessment of science and technology task commission proposal), Form No. 1b-DGDX.KHCN (Written assessment of science and technology task commission proposal), Form No. B1.1-PNX.DXDH (Written assessment of topic/project commission proposal), Form No. B1.2-PDG.DXDH (Written assessment of topic/project commission proposal) under Appendix attached hereto;

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2. Principles and procedures for selecting, directly assigning, and evaluating expenditure of science and technology tasks affiliated to High Technology Program:

a) In respect of experimental production projects affiliated to High Technology Program, conform to Circular No. 20/2023/TT-BKHCN dated October 12, 2023 of the Minister of Science and Technology (hereinafter referred to as “Circular No. 20/2023/TT-BKHCN”). Presentation of projects using Form No. A2.2-TMDA, Written feedback and Written assessment of project dossiers using Form No. B2.2a-NXDA and Form No. B2.2b-DGDA under Appendix attached hereto.

b) In respect of science and technology projects, documents on registration for selection, direct assignment of organizations, individuals implementing science and technology projects shall conform to Clauses 1, 2, 4, 5, 6, 7, 8, 9, 10, 11, 12, and 14 Article 5 of Circular No. 20/2023/TT-BKHCN. Submission, opening of documents; establishment; working principles; working procedures of Advisory council for selection, direct assignment shall conform to Article 6, Article 7, Clause 1, Clause 2, and Clause 3 Article 8, Clause 1, Clause 2 Article 9, Article 10, and Article 11 of Circular No. 20/2023/TT-BKHCN. General presentation of science and technology projects shall conform to Form No. A2-TMTQ.KHCN, Written evaluation of science and technology project dossiers shall conform to Form No. B2-DGKHCN under Appendix attached hereto.

c) In respect of tasks affiliated to science and technology projects, conform to Circular No. 20/2023/TT-BKHCN and Clause 1 Article 7 of Circular No. 18/2016/TT-BKHCN dated September 1, 2016 of the Minister of Science and Technology guiding management of national-level science and technology projects. Task presentation using Form No. A2.1-TMDT (in respect of presentation for science and technology topics) and Form No. A2.2-TMDA (in respect of presentation for projects), Written feedback and Written assessment of task dossiers using Form No. 2.1a-NXDT and Form No. B2.1b-DGDT (in respect of science and technology topics), Form No. B2.2a-NXDA and Form No. B2.2b-DGDA ( in respect of projects) under Appendix attached hereto.

3. Representatives of Ministry of Industry and Trade and Ministry of Agriculture and Rural Development shall act as members of Advisory council for determination of tasks, members of Advisory council for selection, direct assignment of science and technology projects affiliated to sub-programs presided by the Ministry of Industry and Trade and Ministry of Agriculture and Rural Development.

Article 10. Contracts for execution of science and technology tasks affiliated to High Technology Program

1. Decision on approval of organizations presiding, directing tasks, expenditure, payment methods, and implementation period of science and technology tasks affiliated to High Technology Program shall serve as the basis for signing of contracts for implementation of science and technology tasks affiliated to High Technology Program (hereinafter referred to as “contracts”).

2. The Ministry of Science and Technology shall sign contracts with presiding organizations. Representatives of the Ministry of Science and Technology shall act as transferring party, presiding organizations shall act as receiving party.

Sample contracts for scientific research and technology development shall be promulgated by the Minister of Science and Technology.

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Article 11. Revision, inspection, periodic evaluation, and termination of contracts during implementation of science and technology tasks affiliated to High Technology Program

1. During implementation, presiding organizations may request the Ministry of Science and Technology in writing to revise the contents, products, or implementation period of science and technology tasks affiliated to High Technology Program.

The Ministry of Science and Technology is responsible for appraising and approving revision to science and technology tasks affiliated to High Technology Program as per the law.

2. The Ministry of Science and Technology shall take charge and cooperate with presiding ministries of sub-programs and relevant ministries, central departments on an annual basis or irregular basis in inspecting, assessing schedule, process of implementation and expenditure usage of science and technology tasks affiliated to High Technology Program.

3. Presiding organizations are responsible for preparing and providing information relating to science and technology tasks affiliated to High Technology Program in implementation and facilitating inspection, supervision.

4. Procedures for inspecting, evaluating, revising, and terminating contracts during implementation of science and technology tasks shall conform to Circular of Minister of Science and Technology prescribing inspection, evaluation, revision, and termination of contract during implementation of national-level science and technology projects using state budget.

Article 12. Evaluation, commissioning, handling of property, and accreditation of results of science and technology tasks affiliated to High Technology Program

1. The Ministry of Science and Technology shall take charge in evaluating, commissioning, handling property, and accrediting results of science and technology tasks affiliated to High Technology Program in accordance with applicable laws.

The Ministry of Science and Technology shall consolidate and submit reports on results of tasks of High Technology Program to Steering Committee.

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3. Management, use, and handling of property created by science and technology tasks affiliated to High Technology Program shall conform to Decree No. 70/2018/ND-CP dated May 15, 2018 of the Government; Circular No. 63/2018/TT-BTC dated July 30, 2018 of the Minister of Finance; Circular No. 02/2020/TT-BKHCN dated August 10, 2020 of the Minister of Science and Technology, and other relevant law provisions on management of science and technology tasks using state budget.

Article 13. Settlement of contracts, registration, storage, and use of results of science and technology tasks affiliated to High Technology Program

1. Settlement of contracts with presiding organizations shall conform to applicable laws.

2. Presiding organizations are responsible for managing, using results of science and technology tasks of High Technology Program as per the law.

3. Registration, storage of results of science and technology tasks and reporting of application of science and technology task results shall conform to Circular No. 14/2014/TT-BKHCN dated June 11, 2014 of the Minister of Science and Technology; Circular No. 11/2023/TT-BKHCN dated June 26, 2023 of the Minister of Science and Technology.

Chapter IV

ORGANIZING IMPLEMENTATION

Article 14. Ministry of Science and Technology

1. The Ministry of Science and Technology has the responsibility to:

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b) act as liaison to assist Steering Committee in monitoring, consolidating details on development and implementation of High Technology Program;

c) consolidate demands for budget funding of sub-programs, general activities of High Technology Program on an annual basis in order to take charge, cooperate with the Ministry of Planning and Investment and Ministry of Finance in balancing, allocating, and guiding budget funding;

d) assist Steering Committee in coordinating, reviewing, and integrating tasks of sub-programs and programs relevant to high technology;

d) take charge and cooperate with Ministry of Industry and Trade, Ministry of Agriculture and Rural Development in analyzing, evaluating, and organizing large-scale application of models of tasks of High Technology Program that has been implemented.

2. Operation managing entity has the responsibility to:

a) act as liaison and assist the Minister of Science and Technology in organizing implementation of High Technology Program in accordance with direction of the Prime Minister under Decision No. 130/QD-TTg dated January 27, 2021;

b) take charge and cooperate with expenditure managing entity, Board of Directors of High Technology Program and relevant entities in determining tasks, selecting, assigning, evaluating expenditure, approving tasks, and verifying completed workload of tasks affiliated to High Technology Program;

c) take charge in developing plans and organizing implementation of High Technology Program; develop periodic, irregular, and conclusive reports on annual implementation results; assessing and concluding implementation of High Technology Program;

d) cooperate with expenditure managing entity in signing contracts for task execution; revising contracts; terminating contracts, evaluating, commissioning implementation results of science and technology tasks affiliated to High Technology Program;

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e) exercise other tasks assigned by the Minister of Science and Technology.

3. Expenditure managing entity has the responsibility to:

a) take charge and cooperate with operation managing entity in signing contracts for execution of science and technology tasks affiliated to High Technology Program;

b) take charge and cooperate with operation managing entity in receiving financial instruments, managing finance, granting funding, examining, verifying expenditure, settling expenditure on task execution;

c) take charge and cooperate with operation managing entity in examining and evaluating during task implementation; revise contracts; terminate contracts; assess, commission, accredit results, and settle contracts; perform other assigned tasks relevant to expenditure management in accordance with financial management regulations for implementation of High Technology Program and regulations regarding the use of state budget funding;

d) take charge and cooperate with operation managing entity in consolidating, submitting reports on mobilization and use of expenditure from sources other than science and technology professional budget and other funding sources for task implementation;

dd) cooperate with operation managing entity in approving tasks and verifying completed workload of tasks;

e) cooperate with operation managing entity in developing plans, organizing implementation of Program; develop periodic, irregular, conclusive reports on annual implementation results; assessing and concluding High Technology Program.

Article 15. Ministry of Industry and Trade

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1. Cooperate with Ministry of Science and Technology in seeking task proposal on the basis of approved framework of programs for development high technology industries;

2. Consolidate list of task proposal, develop commission proposal, cooperate with Ministry of Science and Technology in verifying tasks, selecting, assigning tasks under list of task commission proposal; cooperate with Ministry of Science and Technology in examining, evaluating, and commissioning tasks under sub-programs as per the law;

3. Assign their representatives to participate in Board of Directors of High Technology Program;

4. Develop reports on implementation of tasks affiliated to sub-programs on an annual basis, irregular basis (at request) and send to Ministry of Science and Technology for consolidation and report to the Steering Committee.

Article 16. Ministry of Agriculture and Rural Development

Ministry of Agriculture and Rural Development has the responsibility to:

1. Cooperate with Ministry of Science and Technology in seeking task proposal on the basis of approved framework of programs for agricultural development applying high technology;

2. Consolidate list of task proposal, develop commission proposal, cooperate with Ministry of Science and Technology in verifying tasks, selecting, assigning tasks under list of task commission proposal; cooperate with Ministry of Science and Technology in examining, evaluating, and commissioning tasks under sub-programs as per the law;

3. Assign their representatives to participate in Board of Directors of High Technology Program;

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Article 17. Board of Directors of High Technology Program

1. Board of Directors of High Technology Program shall be established by the Minister of Science and Technology. The Board of Directors of High Technology Program consists of 7 to 9 members, including a Chairperson, Vice Chairperson, Science Secretary, representative of Ministry of Industry and Trade, representative of Ministry of Agriculture and Rural Development, and other members assigned by the Minister of Science and Technology.

2. The Board of Directors of High Technology Program performs tasks in accordance with Circulars of the Minister of Science and Technology on management of national-level science and technology programs and regulations on organization and operation of Board of Directors of National-level science and technology program promulgated by the Minister of Science and Technology.

Article 18. Presiding organizations and directors of tasks

Presiding organizations and directors of tasks have the responsibility to:

1. Develop and implement approved details; assume responsibility for schedule and results of tasks; propose solutions for issues that arise during implementation of science and technology tasks to the Ministry of Science and Technology;

2. Cooperate with managing entities of Ministry of Science and Technology in examining, supervising implementation of science and technology tasks of High Technology Program in accordance with set objectives, contents, and schedule;

3. Request the Ministry of Science and Technology in writing to amend objectives, details, expenditure, and schedule of science and technology tasks affiliated to High Technology Program in a manner appropriate to practical demands;

4. Sign contracts for task assignment and rent with other organizations and individuals for work items under assigned tasks;

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6. Assume responsibility to conduct self-assessment of implementation results of assigned tasks;

7. Publish, submit, manage, extract, transfer results, handle property of the tasks as per the law;

8. Propose solutions for applying results or commercializing products originating from task results;

9. Use funding for the right purposes and effectively; manage expenditure of the tasks as per the law;

10. Examine and encourage organizations, individuals to cooperate in task execution as per contracts;

11. Comply with relevant laws.

Article 19. Ministries, central departments, and People's Committees of provinces and central-affiliated cities

Ministries, central departments, and People's Committees of provinces and central-affiliated cities have the responsibility to:

1. Guide organizations and individuals to register participation in High Technology Program;

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Article 20. Expenditure on implementation of High Technology Program

Expenditure on implementation of High Technology Program shall be balanced in annual budget expenditure estimates for science and technology and granted to presiding organizations for implementation of science and technology tasks and general tasks affiliated to High Technology Program, expenditure on general activities of High Technology Program consists of: operating costs of Steering Committee, Board of Directors of High Technology Program, costs for international cooperation, inspection, surveys, conferences, seminars, communication, and other general activities as per the law.

Article 21. Information and database of High Technology Program

The Ministry of Science and Technology shall take charge and cooperate with ministries presiding sub-programs in organizing guidance, online task registration, and development of electronic database on science and technology tasks affiliated to High Technology Program.

Chapter V

IMPLEMENTATION

Article 22. Entry into force

1. This Circular comes into force from February 15, 2024.

2. If documents referred to in this Circular are amended or replaced, the new versions shall prevail.

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1. Ministers, heads of ministerial agencies, heads of Governmental agencies, Chairpersons of People's Committees of provinces and central-affiliated cities, and relevant organizations, individuals shall be responsible for the implementation of this Circular.

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

PP. MINISTER
DEPUTY MINISTER




Bui The Duy

Thông tư 25/2023/TT-BKHCN về Quy định quản lý Chương trình quốc gia phát triển công nghệ cao đến năm 2030 do Bộ trưởng Bộ Khoa học và Công nghệ ban hành