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THE GOVERNMENT
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.: 93/2014/ND-CP
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Hanoi, October 17th,
2014
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DECREE
PROVIDING
AMENDMENTS TO A NUMBER OF ARTICLES OF THE DECREE No. 64/2013/ND-CP DATED JUNE
27th , 2013 BY THE GOVERNMENT PROVIDING FOR PENALTIES FOR
ADMINISTRATIVE VIOLATIONS PERTAINING TO SCIENCE AND TECHNOLOGY ACTIVITIES AND
TECHNOLOGY TRANSFERS
Pursuant to the Law on Government organization
dated December 25, 2001;
Pursuant to the Law on Actions against
administrative violations dated June 20th, 2012;
Pursuant to the Law on science and technology
dated June 18th, 2013;
At the request of the Minister of Science and
Technology,
The Government promulgates the Decree providing
amendments to a number of articles of the Decree No. 64/2013/ND-CP dated June
27th, 2013 by the Government providing for penalties for
administrative violations pertaining to science and technology activities and
technology transfers.
Article 1. Amendments to a
number of articles of the Decree No. 64/2013/ND-CP dated June 27th, 2013 by the
Government providing for penalties for administrative violations pertaining to
science and technology activities and technology transfers:
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“Article 2. Remedial measures
Apart from the remedial measures specified in
Clause 1 Article 28 of the Law on Actions against administrative violations
violators are compelled to take on or multiple measures below:
1. Return the fund that is appropriated or
improperly used;
2. Annul the reports or documents with untrue
figures or contents;
3. Rectify publicly by means of mass media”.
2. Article 5 is amended as
follows:
“Article 5. Violations against regulations on
the operation of Science and Technology Council
1. A warning shall be imposed upon any individual
who is member of Science and Technology Council that fails to follow the
procedures or makes assessment unconformable to the criteria regulated by
regulatory agencies during the consultation, appraisal, selection, assessment
and acceptance of science and technology tasks.
2. A fine of from VND 500,000 to VND 1,000,000 for
shall be imposed upon any individual who is member of Science and Technology
Council that reveal or publish the information relating to the assessment,
evaluation and the consultancy result without permission of the agency
authorized to decide the establishment of the Council”.
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“Article 6. Violations against the regulations
on registration of results of science and technology tasks funded by the State
budget
A fine of from VND 2,000,000 to VND 5,000,000 (applicable
to individuals) or a fine of from VND 4,000,000 to VND 10,000,000 (applicable
to organizations) shall be imposed upon any entity that fails to register the
result of science and technology tasks funded by the State budget according to
the regulations by regulatory agencies”.
4. Article 7 is amended as
follows:
“Article 7. Violations against regulations on
science and technology activities
1. A warning shall be imposed upon any
individuals/organizations performing a science and technology task funded by
the State budget in a period exceeding the committed time without approval from
the State management agency that assigned the task.
2. A fine of from VND 1,000,000 to VND 2,000,000
(applicable to individuals) or a fine of from VND 2,000,000 to VND 4,000,000
(applicable to organizations) shall be imposed upon any entity that provides
untrue information in the application for selection about any of the following
contents:
a) Results of science and technology activities of
the presiding organization;
b) The science records of the individual that
register for presiding over the science and technology tasks;
c) The capacity of cooperating organizations and
individuals.
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a) Make untrue reports on the progress, contents,
and results of researches;
b) Submit documents serving the assessment and
appraisal of results of science and technology tasks with untrue figures and/or
contents.
4. Remedial measures
Annul the reports or documents with untrue figures
or contents, applicable to the acts specified in points a and b Clause 3 of
this Article”.
5. Article 8 is amended as
follows:
“Article 8. Violations against regulations on
the report, registration, operation and dissolution of science and technology
organizations
1. A fine of from VND 1,000,000 to VND 2,000,000
shall be imposed upon any science and technology organization that fails to
report the operation situation according to the regulations by regulatory
agencies.
2. A fine of from VND 1,000,000 to VND 2,000,000
shall be imposed upon any Vietnamese science and technology organization that
fails to report to the Ministry of Science and Technology the establishment of
affiliated science and technology organizations overseas, representative
offices and branches offices overseas within 30 days from the day on which the
establishment is permitted.
3. A fine of from VND 2,000,000 to VND 3,000,000
shall be imposed upon any science and technology organization that performs any
of the following acts:
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b) Fail to apply for modification or reissuance of
Certificate of Registration of Science and Technology Activities within 12
months from the day on which the Certificate is modified or lost.
4. A fine of from VND 2,000,000 to VND 4,000,000
(applicable to individuals) or a fine of from VND 4,000,000 to VND 8,000,000
(applicable to organizations) shall be imposed upon any entity that fails to
comply with the procedures for dissolution of science and technology
organization according to the law provisions.
5. A fine of from VND 5,000,000 to VND 10,000,000
shall be imposed upon any science and technology organization that performs any
of the following acts:
a) Perform science and technology activities when
the Certificate of registration of science and technology activities, the
Certificate of operation of representative offices/branches or the License for
establishment of representative offices/branches of foreign science and
technology organizations has been suspended or revoked by a competent agency;
b) Perform science and technology activities
unconformable to the content of the Certificate of registration of science and
technology activities, the Certificate of operation of representative
offices/branches or the License for establishment of representative
offices/branches of foreign science and technology organizations;
c) Fail to maintain the operation conditions
according to the registration of science and technology organizations.
6. A fine of from VND 10,000,000 to VND 15,000,000
shall be imposed upon any science and technology organization that performs any
of the following acts:
a) Perform science and technology activities
without the content of the Certificate of registration of science and
technology activities, the Certificate of operation of representative
offices/branches or the License for establishment of representative
offices/branches of foreign science and technology organizations;
b) Lease out or lend out the Certificate of
registration of science and technology activities, the Certificate of operation
of representative offices/branches or the License for establishment of
representative offices/branches of foreign science and technology
organizations.
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8. A fine of from VND 20,000,000 to VND 30,000,000 shall
be imposed upon any Vietnamese science and technology organization that
establishes an affiliated science and technology organization, a representative
office or a branch overseas without permission of the Ministry of Science and
Technology.
9. Additional penalties:
A suspension of the Certificate of registration of
science and technology activities, the Certificate of operation of
representative offices/branches or the License for establishment of
representative offices/branches of foreign science and technology organizations
for 01 to 03 months shall be imposed upon any organization that commits any of
the violations specified in Point b Clause 6 of this Article".
6. Article 8a is added to the end
of Article 8:
“Article 8a. Violations against regulations on
the assessment of public science and technology organizations
1. A fine of from VND 3,000,000 to VND 6,000,000
shall be imposed upon any public science and technology organization that fails
to facilitate the assessment serving the management of competent agencies.
2. A fine of from VND 5,000,000 to VND 10,000,000
(applicable to individuals) or a fine of from VND 10,000,000 to VND 20,000,000
(applicable to organizations) shall be imposed upon any entity that performs
any of the following acts:
a) Conduct assessment with unconformable methods
and criteria;
b) Conduct assessment dishonestly, subjectively or
illegally;
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7. Article 9 is amended as
follows:
“Article 9. Violations against regulations on
possession and use of results of science and technology activities
1. A warning or a fine of from VND 500,000 to VND
1,000,000 (applicable to individuals) or a fine of from VND 1,000,000 to VND
2,000,000 (applicable to organizations) shall be imposed upon any entity that
use the scientific research findings, figures, information from other
individual/organization in scientific reports or scientific documents without
mention of origin of such research findings.
2. A fine of from VND 5,000,000 to VND 10,000,000
shall be imposed upon any organizations authorized the right to ownership
and/or right to enjoyment of research findings in terms of science and
technology development funded by the state budget that performs any of the
following acts:
a) Fail to report to the authority body the results
of development or transfer of the right to ownership and/or the right to
enjoyment of the research findings in terms of science and technology
development;
b) Fail to notify the representative of the authority
body of the incapability of development of the right to ownership of research
findings in terms of science and technology development;
c) Fail to comply with the decision on
authorization by the competent agency.
3. A fine of from VND 10,000,000 to VND 15,000,000
(applicable to individuals) or a fine of from VND 20,000,000 to VND 30,000,000
(applicable to organizations) shall be imposed upon any entity that performs
any of the following acts:
a) Use and/or publish the figures and information
technology process relating to results of science and technology activities
within the ownership of another individual/organization without permission of
such individual/organization;
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c) Use creations/technical innovation, rationalize
technology process or research findings of another individual/organization to
participate in an exhibition or contest of science and technology without
permission of such individual/organization.
4. Remedial measures:
a) Rectify publicly by means of mass media,
applicable to the acts specified in points a, c and c Clause 3 of this Article;
b) Return the illegal benefits earned from the
violations specified in points a, b and c Clause 3 of this Article (if
any)".
8. Article 10 is amended as
follows:
“Article 10. Violations against regulations on
application and publication of results of science and technology activities
1. A fine of from VND 1,000,000 to VND 3,000,000 shall
be imposed upon any organization being investor in socio-economic development
project/program funded by the state budget that performs any of the following
acts:
a) Fail to submit the report on use of funds for
science and technology activities according to the regulations;
b) Fail to conduct researches to formulate
scientific foundations for the preparation, investment and resolution of
science and technology problems raised during the science and technology
activities;
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2. A fine of from VND 3,000,000 to VND 5,000,000
(applicable to individuals) or a fine of from VND 6,000,000 to VND 10,000,000
(applicable to organizations) shall be imposed upon any entity that publish the
results of analysis, appraisal and assessment without permission of the
regulatory agency that places the order.
3. A fine of from VND 5,000,000 to VND 10,000,000
(applicable to individuals) or a fine of from VND 10,000,000 to VND 20,000,000
(applicable to organizations) shall be imposed upon any entity that carries out
the science and technology tasks funded by the state budget with commitment and
determined address for application to manufacture and life but not participate
directly or indirectly to the development of the research findings in
manufacture and life.
4. A fine of from VND 10,000,000 to VND 15,000,000
(applicable to individuals) or a fine of from VND 20,000,000 to VND 30,000,000
(applicable to organizations) shall be imposed upon any entity that apply the
results of science and technology tasks not funded by the state budget to
manufacture and life and subject to appraisal according to the regulations but
have not undergone appraisal by competent agencies in terms of science and
technology.
5. Remedial measures:
a) Return the illegal benefits earned from the
violations specified in Clause 2 of this Article (if any);
b) Destroy the goods/products harmful to health of
human, animals, plants and the environment, cultural products with harmful
contents, applicable to applicable to the acts specified in clause 4 of this
Article”.
9. Article 12 is amended as
follows:
“Article 12. Violations against regulations on
registration, management and use of Fund for scientific and technological
development
1. A fine of from VND 1,000,000 to VND 3,000,000
(applicable to individuals) or a fine of from VND 2,000,000 to VND 6,000,000
(applicable to organizations) shall be imposed upon any entity establish the
Fund for scientific and technological development and perform any of the
following acts:
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b) Fail to report the use of the Fund for
scientific and technological development according to the regulations.
2. A fine of from VND 2,000,000 to VND 4,000,000
(applicable to individuals) or a fine of from VND 4,000,000 to VND 8,000,000
(applicable to organizations) shall be imposed upon any entity establish the
Fund for scientific and technological development and perform any of the
following acts:
a) Fail to formulate regulations on proposal,
determination of tasks, conduct assessment and appraisal of science and
technology tasks of the organization;
b) Fail to formulate regulations on use of Fund for
scientific and technological development of the organization.
3. A fine of from VND 3,000,000 to VND 6,000,000
(applicable to individuals) or a fine of from VND 6,000,000 to VND 12,000,000
(applicable to organizations) shall be imposed upon any entity that carries out
the management and use of the Fund for scientific and technological development
unconformable to the registered contents.
4. A fine of from VND 4,000,000 to VND 8,000,000
(applicable to individuals) or a fine of from VND 8,000,000 to VND 16,000,000
(applicable to organizations) shall be imposed upon any entity that establishes
the Fund for scientific and technological development without operation
registration.
5. A fine of from VND 10,000,000 to VND 15,000,000
(applicable to individuals) or a fine of from VND 20,000,000 to VND 30,000,000
(applicable to organizations) shall be imposed upon any entity that fails to
return on schedule the funding from the Fund for scientific and technological
development covered by the state budge funds without permission of regulatory
agencies.
6. A fine of from VND 30,000,000 to VND 40,000,000
shall be imposed upon any organizations subject to establishing the Fund for
scientific and technological development that contributes unconformable amount
to the Fund for scientific and technological development.
7. A fine of from VND 40,000,000 to VND 50,000,000
shall be imposed upon any organizations subject to establishing the Fund for
scientific and technological development that fails to take money from the
taxable income of enterprise to contribute to the Fund for scientific and
technological development.
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a) Return the amount of fund that is appropriated
or not returned on schedule as prescribed in Clause 5 of this Article;
b) Return the illegal benefits earned from the
violations specified in Clause 5 of this Article (if any)”.
Article 2. Effect
This Decree comes into effect from December 15th,
2014.
Article 3. Transitional clause
If a violation pertaining to science and technology
activities is committed before December 15th, 2014 and discovered
later or is bearing consideration and/or solution, the regulations that are
more beneficial for the violator shall prevail.
Article 4. Responsibilities
1. The Minister of Science and Technology shall
provide guidance on the implementation of this Decree.
2. The Ministers, Heads of ministerial-level agencies,
Heads of Governmental agencies, the Presidents of People’s Committees of
central-affiliated cities and provinces are responsible for implementing this
Decree./.
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ON BEHAFT OF
THE GOVERNMENT
THE PRIME MINISTER
Nguyen Tan Dung
Môi giới chuyên nghiệp
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