Circular 04/2018/TT-BNNPTNT stipulating criteria, order and procedures for recognition of technical progress in agriculture promulgated by the Minister of Agriculture and Rural Development

CIRCULAR

PROVIDING FOR CRITERIA, PROCESS AND PROCEDURES FOR TECHNICAL ADVANCES RECOGNITION IN AGRICULTURE

Pursuant to the Decree No.15/2017/NĐ-CP dated February 17, 2017 providing for functions, missions, powers, and organization structures of the Ministry of Agriculture and Rural Development;

Pursuant to the Law on technology transfer No. 07/2017/QH14 dated June 19, 2017;

At the request of the Director of Science, Technology and Environment,

The Minister of agriculture and rural development promulgates the Circular providing for criteria, process and procedures for technological advances recognition in agriculture.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

1. This Circular provides criteria, process and procedures for technological advances recognition in varieties, products, production process, technical solutions and management solutions in agriculture (hereinafter referred to as technological advances).

2. This Circular does not adjust following contents:

Recognition of plant varieties, animal breeds, aquatic species;

b) Testing, examination, registration for circulation of agricultural materials under the state management of the Ministry of Agriculture and Rural Development.

Article 2. Regulated entities

This Circular applies to organizations or individuals carrying out activities related to technological advances in agriculture.

Article 3. Implementing agencies

The Minister of Agriculture and Rural Development assigns General Directorates or Departments affiliated to Ministries to receive dossiers, check, recognize or deny the technological advances within the tasks.

1. The General Directorate of aquaculture in aquaculture sector.

2. The General Directorate of irrigation in irrigation sector.

3. The General Directorate of Forestry in forestry sector.

4. The General Directorate of natural disaster prevention and control in natural disaster prevention and control sector.

5. Department of Cultivation in cultivation sector.

6. Department of plant protection in plant protection sector.

7. Department of livestock production in livestock production sector.

8. Department of animal health in animal health sector.

9. Department of Agro Processing and Market Development in agro processing, preservation and market development sector.

10. Department of Cooperatives and Rural Development in salt-making, mechanics, agro, production solutions and new rural development sector.

11. Department of Construction Management in agro construction and rural development sector.

Chapter II

TECHNICAL ADVANCES RECOGNITION

Article 4. Criteria for technological advances recognition

1. Criteria for technological advances recognition for the first time:

a) Shall be novel, creative, stable and highly competitive;

b) Shall ensure their quality, reduce their impact on the environment and have the prospect of enlarging the manufacture.

2. Criteria for technological advances similar to recognized technological advances must satisfy all requirements as prescribed in Clause 1 of this Article and must be more efficient at least 10% than the recognized technological advances.

Article 5. Registration dossier, receipt, verification and inspection, recognition of technological advances

1. Registration dossier

Organizations or individuals with the demand for technological advances recognition (hereinafter referred to as applicant) send directly or by posts 01 set of dossier to the Ministry of Agriculture and Rural Development as per regulations in Article 3 of this Circular (hereinafter referred to as competent agency) The set of dossier shall comprise:

Documents requesting for the technological advances recognition as per the Form No.01 enclosed with this Circular;

b) Research result reports on technological advances recognition as per the Form No.02 enclosed with this Circular;

c) Reviews of the application of technological advances in manufacture of at least 03 organizations or individuals as per the Form No.03 enclosed with this Circular. The reviews of individuals must be confirmed by the agencies or local authority where they work or live.

2. Dossier receipt and verification

Within 03 days from the receipt date of the dossier, the competent agency shall check and inform in writing to the applicant about one of the following cases: dossier accepted, supplementation required, or dossier denied due to ineligibility. The time for dossier supplementation and completion shall not be included in the time for dossier inspection.

3. Dossier inspection

a) Within 07 working days from the receipt date of the full and valid dossiers, the competent authority forms a consultancy council to inspect the technological advances (hereinafter referred to as council). Participation, methods and orders of the inspection of the council is in accordance with regulations in Article 6 of this Circular;

Within 15 working days from the date of signing the decision to establish the council, the competent authority organizes a meeting to inspect the dossier for technological advances recognition.

4. Technological advances recognition

Within 03 days from the meeting, the competent agency informs in writing to the applicant about contents to be completed (if any).

Within 30 days from the receipt date of the notification, the applicant completes the dossier and sends it back to the competent agency.

c) Within 05 working days from the date of receipt date of the complete dossier, the competent agency checks and issue the Decision of technological advances recognition as per the Form 08 enclosed with this Circular. In case the technological advances are denied, the competent agency also informs in writing to the applicant and clearly states the reason for denial;

d) Within 03 working days from the date of issue, the competent authority posts the Decision on technological advances recognition onto its web portals.

Article 6. Components, methods and orders of the meeting of the council

1. Participation of the council

a) The council comprises 07 members as follows: Chairman, Deputy Chairman, 02 reviewing commissioners, a secretary commissioner, and commissioners; including 01 representative of organizations or regions to which the technological advances are applied;

b) Authors and co-authors who apply for the technological advances recognition, or individuals who work for/relate to the applicant must not be a part of the council.

2. g) Implementing methods

a) Council's members shall receive the whole dossiers before the meeting at least 07 working days;

b) There must be at least 05 council's members to take part in the meeting, including Chairman or Deputy Chairman, secretary commissioner and at least 01 reviewing commissioner. In case 01 reviewing commissioner shall be absent, he or she must hand in his or her comments in writing in advance;

c) Members of the council evaluates the technological advances applied for recognition according to the Form No.04 enclosed with this Circular;

d) The council only proposes the recognition for technological advances when at least 05 members of the council rank the evaluation “Pass”;

dd) When necessary, the council requests the competent agency to establish an inspection team to carry out site inspection. The report of site inspection and evaluation shall be made according to the Form No.05 enclosed with this Circular;

e) Members of the council must be honest, objective, and be responsible for their evaluation results and for the final conclusion of the council.

3. Orders of the council’s meeting

a) The secretary commissioner speaks the Decision on establishment of the council and introduces participants;

b) The Chairman of the council (or the Deputy Chairman) leads the meeting;

c) Reviewing commissioners speak out their comments; other members speak out their comments on the technological advances; then the secretary commissioner speaks out the comments of absent members (if any) for reference;

d) The council elects the vote counting board with 03 members among the commissioners, including the head of the vote counting board and 02 members;

dd) Members of the council evaluates and votes the recognition of the technological advances;

c) The vote counting board synthesizes the votes in accordance with the Form No.06 enclosed with this Circular;

g) The council discloses the vote counting result and approves the working minutes of the councils as per the Form No.07 enclosed with this Circular.

Article 7. Denial of the technological advances recognition

1. The technological advances shall be denied in the following cases:

a) They were not applied into manufacture within 03 consecutive years up to the time of inspection;

b) A fraud is detected in the dossier of application for technological advances recognition due to the conclusion of the competent agency.

2. The competent agency performs the inspection and issues the Decision on denying technological advances as per the Form No.09 enclosed with this Circular.

3. Within 03 working days from the date of issue, the competent authority posts the Decision on denying technological advances onto its web portals.

Article 8. Issue of the list of technological advances

1. Annually, the Department of Science, Technology and Environment synthesize and submit the list of technological advances to the Minister for issuing in accordance with the Form No.10 enclosed with this Circular.

2. d) Within 03 working days from the date of issue, the Department of Science Technology and Environment posts the list of technological advances recognition onto its web portals.

Chapter III

IMPLEMENTING AGENCIES

Article 9. Responsibilities of agencies affiliated to the Ministry of Agriculture and Rural Development

1. The Department of Science, Technology and Environment shall:

Synthesize and report annually or upon request of the Minister the recognition activities of technological advances;

b) Synthesize and submit the list of technological advances to the Minister for issuing.

2. General Directorates and line management departments shall:

a) Receive and evaluate the registration dossier for technological advances recognition; recognize or deny technological advances; examine and supervise the implementation of technological advances in the fields under their assigned management.

b) Take charge and cooperate with relating agencies to handle complaints, denunciations, or violations in recognition activities of technological advances in the fields under their assigned management;

c) Synthesize and report annually or unexpectedly the recognition activities of technological advances in the fields under their assigned management;

d) Before December 1 annually, send the list of recognized technological advances to the Department of Science Technology and Environment for the purpose of reporting and requesting the Minister to grant the list of technological advances.

dd) Be responsible before the law and the Minister of Agriculture and Rural Development for recognizing or denying the technological advances in the fields under their assigned management.

Article 10. Responsibilities of the Ministry of Agriculture and Rural Development of provinces and central-affiliated cities

1. Guide the implementation and observation of the application of recognized local technological advances.

2. Coordinate with competent agencies to evaluate the recognition dossier of applied local technological advances.

Article 11. Rights and duties of organizations or individuals having recognized technological advances

1. Rights of organizations or individuals with recognized technological advances are as follows:

a) May run advertisements for their technological advances, announce and apply such technological advances in manufacture as per the law;

b) Make complaints or denunciations of the about violations against their lawful rights and benefits as per the law.

2. Duties of organizations or individuals with recognized technological advances are as follows:

a) Be responsible for the origin and relevant documents of the technological advances;

b) Guide the application of technological advances.

Article 12. Validity and implementation provisions

1. This Circular comes into force since July 01, 2018.

2. This Circular replaces the Circular No. 13/2015/TT-BNNPTNT dated March 25, 2015 of the Minister of the Agriculture and Rural Development providing orders, procedures to recognize technological advances and new technologies in the Agriculture and Rural Development section.

3. Technological advances recognized before July 1, 2018 shall still be valid as per this Circular.

4. Difficulties that arise during the implementation of this Circular shall be reported to the Ministry of Agriculture and Rural Development for consideration and settlement./.

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