Regulations on executing agreements and signing scientific research contracts in Vietnam

This is a notable content in Circular 40/2014/TT-BKHCN which regulates the management of unexpected science and technology tasks with significant scientific and practical importance, as well as potential science and technology tasks funded by the National Science and Technology Development Fund in Vietnam.

Quy định về việc tiến hành thỏa thuận, ký hợp đồng nghiên cứu khoa học, Thông tư 40/2014/Tt-BKHCN

Regulations on executing agreements and signing scientific research contracts in Vietnam (illustrative photo)

Article 14 Circular 40/2014/TT-BKHCN regulates that the Fund's managing agency shall conduct agreements and sign scientific research contracts (hereinafter referred to as contracts) with project leaders and hosting organizations according to the budget approved by the Fund Management Council in Vietnam. To be specific:

- Contracts are to be formed according to the template prescribed in the Annex issued with this Circular (Template DXTN-09).

- Within 30 days from the moment the Fund's managing agency announces the sponsorship, if the project leader and the hosting organization do not complete the project specification and contract, the Fund's managing agency will request the Fund Management Council to consider and decide to cancel the sponsorship for the project.

- The contract serves as the legal basis during the process of implementation, inspection, evaluation of the project, and resolution of violations related to the project. The project specification, once approved, and any adjustment documents during the implementation process (if any) are integral parts of the contract.

- Adjusting the contract:

- The hosting organization of the project is allowed to proactively adjust the cost estimates within the total allocated budget as regulated;

- The organization or individual leading the project proposing adjustments to the signed contract content must submit a written request to the Fund for consideration and decision;

- The Fund Management Council considers and decides adjustments to the hosting organization, project leader, name, objectives, products of the project, total state-funded budget that has been approved, and termination of the contract;

- The Fund's Director considers and decides other adjustments within the scope of the signed contract, except for the content specified above;

- The Fund Management Council establishes a scientific council or expert team consisting of specialized experts and financial experts to review adjustments mentioned at Point c of this clause, determine the cause of contract termination, and propose handling solutions.

- The Fund's managing agency will liquidate the contract with the organization or individual leading the project implementation according to regulations in Vietnam.

Details can be found at Circular 40/2014/TT-BKHCN which comes into effect in Vietnam from February 01, 2015.

Ty Na

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