Vietnam: What is the current sample of the Minutes of Liquidation of scientific research and technological development contracts?
- What is the current sample of the Minutes of Liquidation of scientific research and technological development contracts in Vietnam?
- When is the liquidation procedure for scientific research and technological development contracts in Vietnam carried out?
- What are the provisions for contract liquidation and exploitation of the results of the science and technology development program in Vietnam?
What is the current sample of the Minutes of Liquidation of scientific research and technological development contracts in Vietnam?
The current form of minutes of liquidation of scientific research and technological development contracts is issued together with Circular 05/2014/TT-BKHCN dated April 10, 2014, of the Minister of Science and Technology of Vietnam.
Download the Sample Minutes of liquidation of scientific research and technology development contracts here.
Vietnam: What is the current sample of the Minutes of Liquidation of scientific research and technological development contracts?
When is the liquidation procedure for scientific research and technological development contracts in Vietnam carried out?
Pursuant to the provisions of Article 15 of Circular 05/2015/TT-BKHCN as follows:
Termination of contract
1. The contract shall be terminated in the cases specified in Article 5 of the Form of Contract for Scientific Research and Technological Development in Vietnam issued together with Circular No. 05/2014/TT-BKHCN dated April 10, 2014 of the Minister of Science and Technology of Vietnam.
2. The order and procedures for termination of contracts during the performance of the program's tasks shall comply with the provisions of Circular No. 04/2015/TT-BKHCN dated March 11, 2015 of the Minister of Science and Technology of Vietnam stipulating the inspection, evaluation and adjustment and termination of contracts during the implementation of science and technology tasks at the national level.
3. Based on the decision to terminate the contract, the parties shall carry out procedures for liquidation of the contract in accordance with the terms of the signed contract and the provisions of law.
Thus, according to the provisions of Clause 3, Article 15 of Circular 05/2015/TT-BKHCN mentioned above, the liquidation of the contract for scientific research and technological development in Vietnam shall be carried out when the contract is terminated.
According to Article 5 of the Contract Form issued together with Circular 05/2014/TT-BKHCN, the contract for scientific research and technological development in Vietnam terminates when:
- The project/project/project/trial production project has been completed and accepted.
- There are grounds to affirm that the implementation or continued implementation of the Project / Project / Project / Trial production project is not necessary and the two parties agree to terminate the Contract ahead of time.
- Party B is suspended from implementing the Project/Project/Project/Trial Production Project according to the decision of the competent authority.
- Party B does not submit dossiers for assessment and acceptance of the project/project/project/trial production project in accordance with the law.
- Party A violates one of the conditions resulting in the Project/Project/Project/Trial Production Project not being able to continue due to:
+ Insufficient funding according to the implementation schedule of the project/scheme/project/pilot production project without a good reason;
+ Failure to promptly settle the recommendations and proposals of Party B in accordance with the provisions of law
What are the provisions for contract liquidation and exploitation of the results of the science and technology development program in Vietnam?
Pursuant to Article 17 of Circular 05/2015/TT-BKHCN as follows:
Liquidation of contracts and exploitation of the results of the Program's tasks
1. The Ministry shall assume the prime responsibility for organizing the liquidation of contracts with the presiding organization as prescribed.
2. The presiding organization shall manage, exploit and transfer the results of the Program's tasks in accordance with law. Intellectual property rights in Vietnam, the right to use the results of the Program's tasks shall comply with the provisions of the law on science and technology and intellectual property.
3. The registration and retention of the program's task results shall comply with the provisions of Circular No. 14/2014/TT-BKHCN dated June 11, 6 of the Minister of Science and Technology of Vietnam stipulating the collection, registration, retention and disclosure of information on science and technology tasks.
Thus, the liquidation of contracts and the exploitation of the results of the tasks of the Science and Technology Development Program shall comply with the above-mentioned provisions. The Ministry of Science and Technology in Vietnam shall assume the prime responsibility for organizing the liquidation of contracts with the presiding organization in accordance with regulations.
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