Bản dịch văn bản 201/2004/NĐ-CP
nghi-dinh-201-2004-nd-cp
Cơ quan ban hành: Chính phủ
Ngày ban hành: 2004-12-10

DECREE No. 201/2004/ND-CP OF DECEMBER 10, 2004 PROMULGATING THE REGULATION ON MANAGEMENT OF SOCIAL SCIENTIFIC AND HUMANITIES ACTIVITIES THE GOVERNMENT Pursuant to the December 25, 2001 Law on Organization of the Government; Pursuant to the June 9, 2000 Science and Technology Law; Pursuant to the Government’s Decree No. 81/2002/ND-CP of October 17, 2002 detailing the implementation of a number of articles of the Science and Technology Law; At the proposal of the Science and Technology Minister, DECREES: Article 1.- To promulgate together with this Decree the Regulation on management of social scientific and humanities activities. Article 2.- The Science and Technology Ministry shall guide the implementation of this Regulation. Article 3.- This Decree takes effect 15 days after its publication in the Official Gazette. Article 4.- The ministers, the heads of the ministerial-level agencies, the heads of the Government-attached agencies, the presidents of the People’s Committees of the provinces and centrally-run cities, leaders of scientific and technological organizations at all levels and the concerned organizations and individuals shall have to implement this Decree.- On behalf of the Government Prime Minister PHAN VAN KHAI REGULATION ON MANAGEMENT OF SOCIAL SCIENTIFIC AND HUMANITIES ACTIVITIES (Promulgated together with the Government’s Decree No. 201/2004/ND-CP of December 10, 2004) Chapter I GENERAL PROVISIONS Article 1.- Scope of regulation 1. This Regulation provides for the management of social scientific and humanities (hereinafter referred to as social scientific) activities using or not using the State budget and carried out at all levels nationwide. 2. Social scientific activities prescribed in this Regulation include social scientific tasks and social scientific services. Social scientific tasks are organized in the form of social scientific programs, schemes or projects. Social scientific services include information, consultancy, dissemination, training, fostering and other activities in service of social scientific researches. Article 2.- Subjects of application 1. Vietnamese organizations and individuals, foreign organizations and individuals, overseas Vietnamese that are engaged in social scientific activities in the territory of the Socialist Republic of Vietnam. 2. Science and technology State management agencies at all levels. Article 3.- Principles for management of social scientific activities Apart from the principles laid down in Article 5 of the Science and Technology Law, the management of social scientific activities must also adhere to the following principles: 1. Respect for and guarantee of democratic rights, promotion of the creativeness and raising of the responsibilities of organizations and individuals in social scientific activities. 2. Guarantee of the leadership of the Party and the State over the orientation of social scientific activities, which is embodied in the Party’s platform, line and undertakings and the State’s laws, policies and socio-economic development plans. 3. Guarantee of the uniform and effective management by the State over social scientific activities from the central to local level with a view to efficiently serving political tasks and requirements of socio-economic development and development of various social scientific domains. Article 4.- Finance for social scientific activities Finance for social scientific activities shall come from the following sources: 1. The source of the State budget (central and local budgets) directly invested in social scientific activities, which shall be arranged in annual budget plans or socio-economic projects of the State, ministries, branches and localities. Social scientific activities using this source of budget shall be hereinafter referred to as social scientific activities using the State budget. 2. Other financial sources: Own funds of organizations, individuals; financial supports directly provided by organizations and individuals at home and abroad for social scientific activities; funds for social scientific activities under socio-economic projects not using the State budget. Social scientific activities using these financial sources shall be hereinafter referred to as social scientific activities not using the State budget. Chapter II IDENTIFICATION OF SOCIAL SCIENTIFIC TASKS Article 5.- Devolution of social scientific tasks Social scientific tasks are devolved for three levels: 1. State level: State-level social scientific programs, scientific schemes and projects under State-level social scientific programs, independent State-level social scientific schemes and projects. 2. Ministerial level: Social scientific programs, schemes and projects of ministries, provinces and centrally-run cities. 3. Grassroots level: Social scientific schemes and projects of organizations and individuals engaged in scientific activities. Article 6.- Making of social scientific activity plans 1. Once every five years, the Science and Technology Ministry shall specify the Party’s and the State’s orientations for social scientific activities into social scientific activity plans in the “major social scientific orientations, objectives, tasks and the list of key State-level programs,” then submit them to the Government for approval. 2. Ministries, branches, provinces and centrally-run cities shall base themselves on the Government’s social scientific orientations, objectives and tasks and their respective actual socio-economic development demands as well as the Science and Technology Ministry’s guidance to make their own five-year and annual social scientific activity plans. 3. Social scientific activity plans must satisfy the following requirements: a/ Directly serving in time the Party leadership and State management requirements; contributing to performing national and local socio-economic development tasks. b/ Attaching importance to basic research, strongly promoting applied research. Closely combining basic research with applied research; theoretical research with practical review research; research with training. c/ Balancing social scientific tasks and conditions for the performance thereof in order to ensure the rational development of social scientific domains. Article 7.- Proposition of social scientific tasks 1. All organizations and individuals shall have the right to propose social scientific tasks to the science and technology State management agencies at all levels, to scientific and technological organizations (research and development institutions, universities, social scientific service organizations) and scientific and technological development funds. 2. Social scientific tasks proposed by organizations or individuals must be consistent with social scientific development orientations and plans, meeting the demands of development of social scientific theories and potentials; serve the requirements of socio-economic development leadership, management and practice. 3. Science and technology State management agencies at all levels shall have to guide and organize the proposition of social scientific tasks for selection and inclusion in five-year and annual plans under their respective management. Article 8.- Identification and approval of social scientific tasks 1. Science and technology State management agencies at all levels shall synthesize social scientific tasks proposed by organizations and individuals so as to identify social scientific tasks for every five years and every year according to the provisions of Article 15 of the Government’s Decree No. 81/2002/ND-CP of October 17, 2002 detailing the implementation of a number of articles of the Science and Technology Law (hereinafter referred to as Decree No. 81/2002/ND-CP for short). 2. The approval of social scientific tasks is decentralized as follows: a/ The Prime Minister shall approve State-level social scientific programs submitted by the Science and Technology Ministry, including also political scientific theory tasks proposed by the Central Theory Council. b/ The Science and Technology Minister shall approve schemes and projects under the State-level social scientific programs, independent State-level social scientific schemes and projects. c/ Ministers, heads of the ministerial-level agencies, heads of the Government-attached agencies, presidents of the provincial/municipal People’s Committees shall approve social scientific programs, schemes and projects. d/ Heads of organizations, agencies and grassroots units shall approve grassroots-level social scientific schemes and projects according to their assigned competence. e/ Organizations and individuals shall identify by themselves social scientific tasks not using the State budget and falling within the scope of their management. Chapter III MANAGEMENT OF THE PERFORMANCE OF SOCIAL SCIENTIFIC TASKS USING THE STATE BUDGET Article 9.- Mode of assignment of social scientific tasks using the State budget Organizations and individuals shall be either directly or through selection assigned the main responsibility for performing social scientific tasks using the State budget according to the provisions of Articles 16 and 17 of Decree No. 81/2002/ND-CP under decisions of science and technology State management agencies at all levels: 1. The selection of organizations and individuals to assume the prime responsibility for performing social scientific tasks other than the types of tasks defined in Clauses 2 and 3 of this Article must be conducted through selection. 2. For social scientific tasks classified as State secrets, peculiar to security and defense, and some specially urgent tasks with complex and sensitive contents, science and technology State management agencies at all levels may select organizations and individuals fully meeting the conditions prescribed in the Science and Technology Law and Decree No. 81/2002/ND-CP and directly assign them the prime responsibility for performing such tasks. 3. The assignment of social scientific tasks through the National Scientific and Technological Development Fund shall comply with the Fund’s regulations. Article 10.- Organization of the performance of social scientific tasks using the State budget 1. The performance of social scientific tasks using the State budget shall be organized according to the Science and Technology Law and Decree No. 81/2002/ND-CP, this Regulation and other relevant law provisions. 2. Social scientific tasks using the State budget shall be performed under scientific research contracts between the science and technology State management agencies and organizations or individuals with the prime responsibility for performing such tasks, on the basis of the selected and approved outlines, on the condition that one individual must not assume the prime responsibility for more than one State-level social scientific scheme or project. 3. Process of managing the performance of social scientific tasks a/ Science and technology State management agencies set up selection councils to appraise the outlines of organizations or individuals registering for assuming the prime responsibility for performing social scientific tasks; set up outline consideration councils to appraise the outlines of organizations or individuals directly assigned the prime responsibility for performing social scientific tasks. b/ On the basis of the appraisal opinions of the selection councils or outline consideration councils, the science and technology State management agencies issue decisions to assign organizations or individuals the prime responsibility for performing social scientific tasks. c/ Science and technology State management agencies sign scientific contracts with organizations or individuals assigned to assume the prime responsibility for performing social scientific tasks. d/ Organizations and individuals assigned to assume the prime responsibility for performing social scientific tasks proceed with performing social scientific tasks. e/ Science and technology State management agencies monitor, urge and inspect the performance of scientific tasks according to the signed contracts. f/ Science and technology State management agencies set up councils to assess and test the results of the performance of social scientific tasks. Article 11.- Competence to decide on organizations and individuals to assume the prime responsibility for performing social scientific tasks using the State budget On the basis of the appraisal results of the selection or outline consideration councils, the science and technology State management agencies at all levels shall issue decisions to assign organizations or individuals the prime responsibility for performing social scientific tasks according to their respective competence decentralized as follows: 1. The Science and Technology Minister shall decide: a/ To set up management boards and offices and appoint office chiefs of State-level social scientific programs; b/ Agencies with the prime responsibility, managers of schemes or projects under State-level social scientific programs, directors of independent social scientific schemes or projects. 2. Ministers, heads of the ministerial-level agencies, heads of the Government-attached agencies, presidents of the provincial/municipal People’s Committees shall decide to assign organizations and individuals the prime responsibility for performing ministerial-level social scientific tasks. 3. Heads of organizations, agencies or grassroots units shall decide to assign organizations and individuals the prime responsibility for performing grassroots-level social scientific tasks. Article 12.- Decision on funds for the performance of social scientific tasks using the State budget Agencies competent to approve social scientific tasks and decide to assign organizations and individuals the prime responsibility for performing social scientific tasks, defined in Articles 8 and 11 of this Regulation, shall base themselves on the objectives, requirements, detailed contents, and specific work volumes of scientific tasks as well as advisory opinions of the selection councils or outline consideration councils to decide on appropriate funding amounts and sources according to the State budget management decentralization for the performance of each scientific task. Article 13.- Scientific contracts for performance of social scientific tasks using the State budget 1. The contents and form of scientific contracts between science and technology State management agencies and organizations or individuals assigned the prime responsibility for performing social scientific tasks must comply with the provisions of the Science and Technology Law and Articles 26, 27, 28, 29 and 30 of Decree No. 81/2002/ND-CP. 2. In addition to the provisions of Clause 1 of this Article, scientific research contracts for performance of social scientific tasks must also contain the following contents: a/ Provisions on the basic contents to be achieved in accordance with the approved outlines. b/ Provisions on scientific products to be turned out in the process of performance and upon the completion of scientific tasks. Scientific products include: reports synthesizing the scientific task results, abstract reports, written recommendations and intermediary scientific products (collected statistics, investigation and survey figures, seminar records, case reports and thematic reports). c/ Provisions on the performance progress so that completed items can be tested and recommendations can be put forward immediately in the course of the performance in order to promptly serve the Party leadership and State management requirements or branch and local development demands. d/ Provisions on the responsibilities of each party for publicization and supply of information in and after the process of performing social scientific tasks. Article 14.- Rights and responsibilities of organizations and individuals with the prime responsibility for performing social scientific tasks using the State budget 1. In addition to the rights defined in Articles 15 and 17 of the Science and Technology Law, organizations and individuals with the prime responsibility for performing social scientific tasks shall also have the following tasks: a/ To participate in scientific cooperation and exchange activities, conferences and seminars at home and abroad, training and scientific application activities related to the research tasks. b/ To propose science and technology State management agencies, which have signed scientific contracts, to supply necessary information in service of the performance of the assigned scientific tasks. c/ Organizations or individuals that have made great contributions to socio-economic development shall be commended by the State according to current law provisions; be allowed to requests more funds for further performance at a higher level or in a broader scope. d/ To coordinate with competent science and technology State management agencies in publicizing and publishing research findings; supply and transfer the application of the results of the performance of scientific tasks. e/ To enjoy author’s right over the products resulting from the performance of scientific tasks and the services for transfer and application of research findings according to law provisions. f/ To be entitled to lodge complaints with competent State management bodies at different levels about the issues related to the performance of the assigned social scientific tasks according to law provisions. 2. In addition to the provisions of Articles 16 and 18 of the Science and Technology Law, organizations and individuals assuming the prime responsibility for performing the State-level social scientific tasks shall also have the following responsibilities: a/ To be responsible for the results of the performance of scientific tasks and the exploitation and use of information and material sources in the course of performing scientific tasks. b/ To supply scientific grounds, detect and propose necessary issues within the scope of their assigned scientific tasks in an objective and truthful manner in order to promptly serve the formulation of the Party’s undertakings and line and the State’s policies and laws. c/ To report to competent science and technology State management agencies on the performance of scientific tasks according to current regulations. d/ To attract and rally scientists to participate in performing scientific tasks; create conditions for, respect and guarantee the interests of, the participating scientists in order to mobilize the contribution by, promote creativity of, the contingent of scientists, and contribute to training and raising their qualifications. e/ Through performing scientific tasks, to contribute to building and developing specialized, inter-branch scientific knowledge, and promoting the application of research findings to reality. f/ To conduct joint researches, supply and exchange information with organizations and individuals performing other related social scientific tasks in order to exploit potential and strengths and support one another in scientific activities, avoiding overlapping and wastefulness. g/ To be responsible for archiving, publicizing, submitting and keeping secret research information, materials and products related to State secrets according to current regulations. 3. Organizations and individuals performing ministerial-level and grassroots-level social scientific tasks shall have to meet the requirements set in Clause 2 of this Article at levels suitable to the nature, scale and scope of their assigned scientific tasks. Article 15.- Appraisal, test and recognition of the results of the performance of social scientific tasks using the State budget 1. The appraisal, test and recognition of the results of the performance of social scientific tasks using the State budget shall comply with the provisions of Article 24 of the Science and Technology Law, Articles 21, 24 and 25 of Decree No. 81/2002/ND-CP and the Science and Technology Ministry’s regulations on appraisal and test of social scientific schemes. 2. On the basis of the conclusions of the testing councils, the competent agencies shall issue decisions to recognize the results of the performance of social scientific tasks as follows: a/ The Science and Technology Minister shall recognize the results of the performance of State-level social scientific programs, schemes and projects. b/ Ministers, heads of the ministerial-level agencies, heads of the Government-attached agencies or the presidents of provincial/municipal People’s Committees shall recognize the results of the performance of ministerial-level social scientific programs, schemes and projects. c/ The heads of organizations, agencies or grassroots units shall recognize the results of the performance of grassroots-level social scientific schemes and projects according to their vested competence. 3. In case of necessity, apart from the advisory opinions of the testing councils, the agencies competent to issue decisions to recognize the results of the performance of social scientific tasks may refer to the opinions of specialists in order to have more grounds for recognizing the results of the performance of social scientific tasks, ensuring objectivity and accuracy and law compliance. Chapter IV MANAGEMENT OF SOCIAL SCIENTIFIC ACTIVITIES NOT USING THE STATE BUDGET Article 16.- Social scientific activities not using the State budget Social scientific activities not using the State budget include: 1. Social scientific activities within the framework of socio-economic projects not using the State budget; 2. Social scientific activities carried out by scientific organizations, individuals of scientific organizations with their own funding sources or financial supports of organizations and/or individuals at home and abroad; 3. Independent social scientific activities of individual scientists. Article 17.- Organization of social scientific activities not using the State budget 1. The State encourages the mobilization and use of non-State budget funding sources for carrying out social scientific activities in service of socio-economic development objectives and tasks of the country, branches, localities and organizations. 2. Science and technology State management agencies at all levels shall be responsible for guiding, and creating conditions for, organizations and individuals to participate in social scientific activities not using the State budget, comply with the requirements of science and technology State management as well as law provisions on scientific and technological activities. 3. Organizations where there are collectives and/or individuals participating in social scientific activities not using the State budget shall be responsible for monitoring and examining social scientific activities not using the State budget carried out by such collectives and/or individuals. 4. Investing organizations and individuals and organizations and individuals with the prime responsibility for performing social scientific activities with their own funding sources shall, together with the agencies directly benefiting from the results of social scientific activities, be responsible for managing the performance of social scientific tasks within the scope of their competence, ensuring conformity with the registered objectives, requirements, contents and objects as well as compliance with law provisions. Article 18.- Registration for performance of social scientific tasks not using the State budget 1. The State encourages organizations and individuals to register social scientific tasks not using the State budget they shall carry out with the science and technology State management agencies at different levels. 2. Vietnamese organizations or individuals performing social scientific tasks and services requested and funded by foreign organizations and individuals shall have to register the receipt of financial supports according to the provisions of Articles 10 and 12 of Decree No. 81/2002/ND-CP with the direct managing agencies. Article 19.- Appraisal, test and recognition of the results of social scientific activities not using the State budget 1. Investing organizations and individuals and organizations and individuals with the prime responsibility for performing social scientific activities shall coordinate with the agencies directly benefiting from the results of social scientific activities in organizing the appraisal and test of the results of social scientific activities not using the State budget. 2. Organizations and individuals with the prime responsibility for performing social scientific activities not using the State budget may request the science and technology State management agencies at different levels to organize the appraisal of the results of social scientific researches they have conducted and must bear all expenses for such appraisal. Before being publicized, the results of social scientific researches not using the State budget which may affect the national interests, defense, security, environment and people’s health must be appraised by the competent science and technology State management agencies. The procedures for appraisal of social scientific tasks not showing signs of law violation shall comply with the provisions of Article 15 of this Regulation. 3. The recognition of the results of social scientific activities not using the State budget shall be decided by the beneficiary agencies, the organizations and individuals that have invested in and performed the social scientific tasks. 4. The valuable results of social scientific tasks performed by individual scientists and already registered with the competent science and technology State management agencies shall be considered for supports for their appraisal and publicization according to law provisions. Article 20.- Rights and responsibilities of organizations and individuals engaged in social scientific activities not using the State budget Organizations and individuals with the prime responsibility for performing social scientific tasks not using the State budget shall have the powers like organizations and individuals engaged in social scientific activities using the State budget, as defined in Clause 1, Article 14 of this Regulation, and be responsible for fulfilling the law-prescribed obligations in scientific activities. Article 21.- Contracts for research, provision of social scientific services not using the State budget 1. Organizations and individuals engaged in scientific activities may sign contracts for performance of social scientific programs, schemes, projects or services according to the orders placed by organizations or individuals. 2. Science and technology State management agencies at all levels shall be responsible for guiding and advising on the seeking for sources of providing scientific services when so requested by organizations or individuals. 3. Contracts between requesting organizations or individuals and organizations or individuals in prime charge of social scientific programs, schemes, projects or social scientific service provision shall comply with law provisions. Chapter V USE OF RESULTS OF SOCIAL SCIENTIFIC ACTIVITIES Article 22.- Information on results of social scientific activities 1. Organizations and individuals with the prime responsibility for performing social scientific tasks may put forward proposals drawn from the results of the performance of social scientific tasks to the competent leading and managing agencies and supply information to these agencies, thereby contributing to socio-economic development. 2. Science and technology State management agencies at all levels shall be responsible for reporting to the competent leading and managing agencies on the results of the performance of social scientific tasks under their management as well as new scientific findings proposed by organizations and individuals. 3. Competent leading and managing agencies at all levels shall be responsible for considering the value and effects of the proposals and reply to the proposing organizations or individual scientists. Article 23.- Archival of results of the performance of social scientific tasks The results of the performance of social scientific tasks shall be archived and kept confidential according to law provisions at the science and technology State management agencies at different levels and the agencies with the prime responsibility for performing scientific tasks. Article 24.- Publicization, publication of results of the performance of social scientific tasks 1. The publicization of the results of the performance of social scientific tasks, after being tested and recognized, shall comply with the Publication Law, the Press Law and law provisions on intellectual property. 2. The authorities competent to recognize the results of the performance of social scientific tasks shall decide on the contents, scope and form of publicization or publication of the results of the performance of social scientific tasks. 3. Publication funds shall not be included in the funds for implementation of scientific programs, schemes or projects. 4. Annually, science and technology State management agencies shall be responsible for coordinating with the concerned agencies in publicizing the results of the performance of social scientific tasks using the State budget within the scope of their respective management. Article 25.- Transfer, application of results of social scientific activities 1. The results of the performance of social scientific tasks, after being tested and recognized, which are applicable in service of socio-economic development, are not classified as State secrets, and do not violate the bans imposed in the Science and Technology Law, may all be applied by or transferred to organizations and individuals at their requests. 2. Science and technology State management agencies at all levels shall refer to the opinions of organizations and individuals with the prime responsibility for performing scientific tasks before deciding according to their respective competence on the scope, objects and requirements of the application, transfer and use, with or without pay, of the results of the performance of social scientific tasks using the State budget. 3. The exchange of scientific products resulting from social scientific activities not using the State budget shall be decided and conducted by the investors and organizations or individuals with the main responsibility according to law provisions. 4. The transfer and application of the results of the performance of social scientific tasks mentioned in Clause 2 of this Article must be conducted under contracts according to law provisions. 5. Charges for transfer or application of the results of the performance of social scientific tasks shall be agreed upon between the service providers and the service beneficiaries in the contracts and be used according to current law provisions. 6. It is strictly forbidden to arbitrarily supply or supply ultra vires products and information on the results of social scientific activities involving national secrets. Article 26.- Organization of social scientific conferences, seminars 1. Science and technology State management agencies at all levels shall be responsible for guiding scientific organizations and scientists to organize scientific conferences or seminars for publicizing and exchanging information on the results of social scientific activities. 2. Scientific organizations shall be responsible for coordinating with the science and technology State management agencies at all levels in organizing scientific conferences or seminars for exchanging and discussing theoretical and practical issues arising from the results of the performance of social scientific tasks according to current law provisions on organization of conferences and seminars. Article 27.- Commendation, and handling of violations in social scientific activities 1. The State shall commend and/or reward once a year and every five years collectives and individuals that have made outstanding achievements in social scientific activities. 2. Science and technology State management agencies at all levels shall be responsible for organizing the commendation consideration and proposing competent authorities to commend, reward, award scientific prizes to, and confer scientific titles on, organizations and individuals that have made outstanding achievements in social scientific activities. 3. Organizations and individuals participating in social scientific activities with outstanding results, well contributing to socio-economic development, shall be given priority to receive the State’s funding supports for the performance, be facilitated for practical application or development at a higher level and on a broader scope. 4. If organizations and individuals with the prime responsibility for performing social scientific tasks breach the scientific contracts, they shall be handled according to the provisions of the contracts and law provisions on contracts. If organizations and individuals with the prime responsibility for performing social scientific tasks using the State budget seriously violate the scientific contracts or are unable to accomplish their tasks, the competent science and technology State management agencies shall be entitled to terminate the contracts, effect the payment, settlement and recovery of funds. 5. Organizations and individuals that violate law provisions on management of scientific activities shall, depending on the nature and seriousness of their violations, be handled according to law provisions. Chapter VI ORGANIZATION OF IMPLEMENTATION Article 28.- Responsibilities of science and technology State management agencies 1. The Science and technology Ministry shall assume the main responsibility for, and coordinating with the Finance Ministry, the Home Affairs Ministry and concerned agencies in, guiding and examining organizations and individuals engaged in social scientific activities in their observance of this Regulation. 2. Science and technology State management agencies of the ministries, branches and localities shall be responsible for guiding and examining organizations and individuals engaged in social scientific activities under their management in the observance of this Regulation. Article 29.- Responsibilities of organizations and individuals engaged in social scientific activities All organizations and individuals engaged in social scientific activities shall have to observe this Regulation. Article 30.- Supplementation and improvement of the Regulation Any problems arising in the course of implementation of the Regulation should be reported by organizations and individuals to the Science and Technology Ministry for synthesis and submission to the Government for consideration and decision.- On behalf of the Government Prime Minister PHAN VAN KHAI