Below are the regulations concerning the cases for removal from the List of science and technology tasks and Termination of contracts for implementing science and technology tasks by Vietnam Social Insurance from November 20, 2024.
Cases of removal from the List of science and technology tasks and Termination of contracts for implementing science and technology tasks by Vietnam Social Insurance from November 20, 2024 (Image from the Internet)
On November 20, 2024, Vietnam Social Security issued Decision 1863/QD-BHXH amending the Regulations on the Management of Science and Technology Activities of Vietnam Social Security attached to Decision 822/QD-BHXH dated June 9, 2020.
According to Article 23 of the Regulations issued with Decision 822/QD-BHXH in 2020 (amended and supplemented by Decision 1863/QD-BHXH in 2024) on the removal from the list of science and technology tasks and the termination of contracts to perform these tasks:
(1) Science and technology tasks in cases of being removed from the list of tasks:
- Beyond 30 days from the date of approval of the Science and Technology Task List, organizations, and individuals fail to submit a selection dossier to the Institute of Science without a valid reason.
- Beyond 60 days from the date of the Task Selection Council meeting, organizations and individuals do not complete the explanation as required by the Selection Council and submit it to the Institute of Science.
- Science and technology tasks assessed as "unsatisfactory" by the Selection Council.
- The implementing organization or task manager has a written statement of the reasons for the impossibility to execute the task.
(2) Science and technology tasks subject to contract termination:
- More than 6 months from the date of the decision to assign a task, the implementing organization, or task manager has not yet initiated the research.
- Beyond 30 days from the date of the request for task performance and disbursement progress reports stipulated in Clause 2, Article 15 of the Regulations issued with Decision 822/QD-BHXH in 2020, the implementing organization, or task manager fails to report.
- The task manager is no longer capable of performing the task or lacks the capacity to organize research and deployment; research direction becomes deadlocked.
- The task is no longer relevant, and both parties agree to terminate the contract prematurely.
- The implementing organization or task manager is suspended from work according to a decision by a competent authority.
- The implementing organization or task manager does not submit the dossier for evaluation, acceptance, and payment according to regulations.
- The task is overdue without being extended.
- Force majeure events occur during task execution (natural disasters, fires, wars, epidemics) leading to the inability to complete the task.
- Tasks evaluated as "Not Achieved" by the Acceptance Council.
The procedures and authority for contract termination:
- Within 10 working days from receiving valid documentation requesting contract termination, the Institute of Science issues a notice to suspend task execution;
- Within 15 working days from the notice of suspension, the implementing organization or task manager submits a detailed written report to the Institute of Science on completed, uncompleted tasks, financial usage, materials, equipment purchase as per the approved explanation.
- The Institute of Science examines and evaluates the documentation before issuing a decision to terminate the execution contract. If necessary, the Institute of Science establishes an advisory council for contract termination of science and technology tasks. The Council consists of 7 members, including 1 Chairman, 1 Secretary, and other members.
The Council members include representatives from the Institute of Science, the Finance - Accounting Department, the implementing organization, and scientists in the research field of the science and technology task. The decision to terminate the contract specifically identifies the funds to be refunded and the plan for handling products.
More details can be found in Decision 1863/QD-BHXH (effective from November 20, 2024).
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