THE GOVERNMENT

Decree No. 64/2013/ND-CP dated June 27, 2013 of the Government promulgating the penalties for administrative violations in the science and technology activities and technology transfers

Pursuant to the Law on Government Organization dated December 25, 2001;

Pursuant to the Law on Science and Technology dated June 09, 2000;

Pursuant to the Law on Technology Transfers dated November 29, 2006;

Pursuant to the Law on handling administrative violations dated June 20, 2012;

At the request of the Minister of Science and Technology;

The Government issues the Decree on penalties for administrative violations against science and technology activities and technology transfers,

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Decree deals with the violations, penalties, remedial measures, and authority to impose penalties for administrative violations against science and technology activities and technology transfers

2. Administrative violations against science and technology activities and technology transfers in this Decree are errors committed by organizations and individuals that violate the laws on state management of science activities and technology transfers, which do not constitute a criminal offence, which must incur administrative penalties.

Article 2. Measures for problem recovery

Apart from the remedial measures in Clause 1 Article 28 of the Law on handling administrative violations, violators are compelled to take one or multiple remedial measures below:

1. Returning the fund appropriated or improperly used;

2. Revoking false reports;

3. Registering or submitting result of science and technology tasks.

Article 3. Term of punishment

The term of punishment for penalties for administrative violations against science and technology activities and technology transfers is 01 year.

Article 4. Fine levels

1. The maximum fine for a violation against science and technology activities and technology transfers committed by an individual is 50,000,000 VND, and for a violation committed by an organization is 100,000,000 VND.

2. The fine for an administrative violation committed by an organization is twice as much as a fine for the same violation committed by an individual.

Chapter 2.

ADMINISTRATIVE VIOLATIONS PENALTIES AGAINST SCIENCE AND TECHNOLOGY ACTIVITIES AND TECHNOLOGY TRANSFERS

SECTION 1. ADMINISTRATIVE VIOLATIONS PENALTIES AGAINST SCIENCE AND TECHNOLOGY ACTIVITIES AND TECHNOLOGY TRANSFERS

Article 5. Violations against the Science and Technology Council

1. A fine of from 500,000 VND to 1,000,000 VND for individuals being members of a Science and Technology Council that reveal or provide information related to the assessment and consultancy result without the permission of the agency that decides the establishment of the Council.

2. A fine of from 1,000,000 VND to 2,000,000 for individuals being members of a Science and Technology Council that fail to follow the procedure when giving advice, selecting, assessing science and technology tasks, or grading at variance with the criteria set by the Ministry of Science and Technology.

Article 6. Violations against the regulations on registering or submitting results of science and technology tasks funded by the State budget

1. A fine of from 2,000,000 VND to 5,000,000 VND shall be given to any individual, or a fine of from 4,000,000 VND to 10,000,000 VND shall be given to any organization that fails to register or submit the result of science and technology tasks funded by the State budget as regulations by competent state authorities.

2. Remedial measures:

Registering or submitting the result of science and technology tasks, applicable to the violations in Clause 1 of this Article.