Nghị định 20/2013/ND-CP

DECREE

DEFINING THE FUNCTIONS, TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF THE MINISTRY OF SCIENCE AND TECHNOLOGY

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

Pursuant to the Government’s Decree No. 36/2012/ND-CP dated April 18, 2012, defining the functions, tasks, powers and organizational structures of Ministries and Ministerial-level agencies;

At the proposal of the Minister of Science and Technology;

The Government promulgates the Decree defining the functions, tasks, powers and organizational structure of the Ministry of Science and Technology,

Article 1. Position and functions

The Ministry of Science and Technology is a Governmental agency performing the state management function of science and technology, including: science and technology activities; development of science and technology potentials; intellectual property; standardization, measurement and quality; atomic energy; radiation and nuclear safety; and state management of public services in the fields under its management as prescribed by law.

Article 2. Tasks and powers

The Ministry of Science and Technology performs the tasks and exercises the powers specified in the Government’s Decree No. 36/2012/ND-CP dated April 18, 2012, defining the functions, tasks, powers and organizational structures of Ministries and Ministerial-level agencies, and the following specific tasks and powers:

1. To submit to the Government draft bills, draft resolutions of the National Assembly; draft ordinances and resolutions of the National Assembly Standing Committee; and draft resolutions and decrees of the Government under the Ministry’s approved annual law making programs and plans, and projects and schemes assigned by the Government or the Prime Minister; long-term, five-year and annual development strategies, master plans and plans; and important national facilities and projects of sectors, fields under its management.

2. To submit to the Prime Minister draft decisions, directives and other documents in the fields under its management.

3. To approve five-year primary science and technology orientations, objects and tasks, annual science and technology plans, and research and development programs under its state management in line with strategies for science and technology development and as decentralized or authorized by the Government or the Prime Minister.

4. To promulgate circulars, decisions, directives and other documents within its ambit of state management; to direct, guide, examine and organize the implementation of legal documents, strategies, master plans, plans in the fields under its management after they are promulgated, approved; to inform, propagate, disseminate and educate the law on science and technology; to promulgate national standards and technical regulations, processes, and techno-economic norms under its competence in the sectors and fields within its ambit of state management.

5. To guide and inspect the conditional business lines in sectors and fields under the list provided by the Government; to manage the grant, modification, withdrawal and extension of licenses, certificates and registration certificates within its ambit of state management on sectors and fields as prescribed by law; to guide professional operations of specialized agencies in the fields under its state management.

6. Regarding science and technology activities:

a) To direct the implementation of five-year and annual science research and technology development orientations, objectives and tasks, technology transfer, and promotion of development of key techno-economic sectors and fields on the basis of  renewing and mastering technologies and focusing on the development of new and high technologies;

b) To assume the prime responsibility for guiding Ministries, sectors and localities in implementing the autonomy and accountability mechanism to public science and technology organizations; to guide and support the establishment and development of science and technology enterprises; to support organizations and individuals in promoting and applying their technical innovations in production, enterprises in renewing technologies; to provide and guide organizations and individuals in conducting activities of technology incubation and science and technology enterprise incubation;

c) To guide and organize the certification of application, research and development of high technologies and recognition of hi-tech enterprises; to provide conditions for hi-tech incubation establishments and hi-tech enterprise incubation; to provide authorities, conditions and procedures for certification of hi-tech human resource training establishments; to build a database and information infrastructure on high technologies within its competence ambit; to formulate and submit to the Government for promulgation of criteria and conditions for the establishment of hi-tech parks; to formulate mechanisms and policies for hi-tech development; to directly manage Hoa Lac Hi-Tech Park;

d) To guide the determination, order placement, selection, direct assignment, assessment and take-over tests of science and technology missions; transfer of the ownership and use right of the results of science and technology missions of which financial source originated from state budget. To transfer the ownership and use right of the results of state-level science and technology missions to organizations and individuals. To exploit, apply, publicize and disseminate results of science research and technology development;

dd) To manage state-level science and technology tasks in the fields under its management; to formulate, guide and organize the performance of state-level key science and technology missions and tasks set in the national science and technology programs and schemes already approved by the Prime Minister;

e) To guide and organize the order placement for some science and technology products in respect to science and technology tasks funded by state budget;

g) To examine, monitor and inspect in specialized sector aspect during course of implementation and after take-over tests for science and technology programs, subjects and projects funded by state budget; to independently evaluate results of science research and technology development by science and technology organizations;

h) To guide and register the operation of research and development organizations and science and technology service providers, science and technology development funds, technology renewal funds and hi-tech adventurous investment funds as prescribed by law;

i) To provide technology transfer activities and technology transfer services; to guide the assessment, valuation, appraisal and verification of technologies; to license technology transfer and certify the registration of technology transfer contracts as decentralized; to appraise science and technology contents of investment projects, socio-economic development master plans, sectoral and field master plans, programs and schemes on science research serving technology transfer and development of technology market under its competence; to appraise and submit to the Government for promulgation of list of technologies encouraged for transfer, list of technologies restricted from transfer and list of technologies banned from transfer;

k) To guide Ministries, sectors and localities in formulating the five-year and annual science and technology plans and professional management of science and technology activities.

7. Regarding the development of science and technology potentials:

a) To assume the prime responsibility for, and coordinate with Ministries, sectors and localities in planning a network of science and technology organizations and implementing after the master plans are promulgated; to specify criteria for the establishment, classification and operational conditions for science and technology organizations; to establish or propose the establishment, reorganize or dissolve public non-business units operating in field of science and technology as prescribed by law; to guide the management of the system of national key laboratories;

b) To promulgate according to its competence or submit to competent authorities for promulgation and organize the implementation of mechanisms and policies on training, employment, promotion of science and technology officials; to formulate and organize the implementation of programs and plans on training and retraining for subjects operating in science and technology field, and support the development of science and technology forces;

c) To coordinate with the Ministry of Finance in formulating financial mechanisms for science and technology field and annual science and technology non-business budget fund plan for science and technology; to determine structure and proportion of annual budget expenditures for Science and Technology activities of Ministries, sectors and localities and submit them to competent authorities for approval. To coordinate with the Ministry of Planning and Investment in making annual plans on state budget fund for investment in science and technology development. To examine and supervise the implementation of plans on allocation of annual budget estimates for science and technology and the use of science and technology budget by Ministries, branches and localities as prescribed by law;

d) To guide information, communication, library and statistical activities in the field of science and technology and development of the technology market; to build a national science and technology information and statistics infrastructure; to organize technology and equipment markets, technology trading centers and science and technology exhibitions; to build a system of national database on science and technology; to invest in the development of advanced science and technology information networks connected to regional and international networks.

8. Regarding intellectual property:

a) To formulate, guide, organize and examine the implementation of the law regulations on intellectual property; to provide the process and procedures for registration and assertion of intellectual property rights, rights to use and transfer intellectual assets of organizations and individuals;

b) To perform the state management of innovative activities;

c) To guide and organize the establishment and transfer of industrial property rights; to apply measures to protect legitimate interests of the State, organizations and individuals in the field of industrial property;

d) To provide professional guidance to management agencies in charge of industrial property; to manage activities of industrial property representation and examination and other intellectual property services; to provide professional guidance on industrial property to Ministries, sectors, localities, enterprises and facilities;

dd) To assume the prime responsibility for settling disputes over industrial property and commercial disputes related to industrial property as prescribed by law;

e) To coordinate with the Ministry of Culture, Sports and Tourism, the Ministry of Information and Communications and the Ministry of Agriculture and Rural Development in performing the state management of intellectual property in concerned fields as assigned by the Government.

9. Regarding standardization, measurement and quality:

a) To manage the system of Vietnam’s standards and technical regulations; to evaluate and announce national standards; to guide the formulation and appraisal of national technical regulations; to organize formulation and guide the application of national standards; to formulate, promulgate and guide the application of national technical regulations in the fields which it is assigned to manage; to participate in formulating international standards; to guide the application of international, regional and foreign standards in Vietnam; to guide the formulation of local technical regulations; to guide the formulation and announcement of basic standards; to organize and manage activities of the network of Vietnam’s notification and enquiry authorities regarding technical barriers in trading; to perform the state management on goods labels, numeric codes, bar codes and classification and definition of products and goods;

b) To manage the establishment, maintenance, preservation and use of the system of measurement standards; to approve national measurement standards; to designate an organization to keep national measurement standards; to perform the measurement management of instruments of measurement, measurement procedures, quantities of prepackaged goods and measurement standards; to organize the management of verification, calibration and testing of instruments of measurement and measurement standards;

c) To assume the prime responsibility for, and coordinate with relevant ministries and sectors in, performing the state management of product and goods quality in the process of production, export and import, circulation and use of goods as prescribed by law; to guide and manage labeling of goods nationwide; to guide and manage the assessment of conformity of standards and technical regulations, capacity accreditation of testing laboratories, calibration laboratories, conformity certification organizations and evaluation organizations; to assume the responsibility for implementing national programs on raising productivity, quality and competitiveness of products and goods; to implement international agreements and treaties on mutual recognition of results of assessment on conformity of standard and technical regulations, measurement and quality of product and goods; to manage, guide and conduct the application of the advanced system of quality management in activities of state administrative agencies.

10. Regarding atomic energy, radiation and nuclear safety:

a) To perform state management of radiation safety, environmental radioactivity, nuclear safety, security of radioactive sources, nuclear security and nuclear inspection in atomic energy application activities nationwide; to guide and conduct atomic energy application activities in techno- economic sectors and projects on building nuclear power plants as prescribed by law;

b) To manage the national environmental radioactivity observation and warning network and the system of national standardized laboratories in the field of radiation and nuclear measurement;

c) To provide and guide the declaration and grant of licenses to perform radiation jobs; to inspect and handle violations about assurance of radiation and nuclear safety in atomic energy activities;

d) To manage nuclear fuels, used nuclear fuels, nuclear materials, source nuclear materials, radioactive waste and operation of services supporting atomic energy application; to manage the import and export of technologies, equipment of radiation, nuclear fuels, used nuclear fuels, nuclear materials and radioactive sources nationwide;

e) To provide control and handling of radiation and nuclear accidents.

11. Regarding public services:

a) To guide non-business organizations in performing public services in the sectors and fields under its ambit of state management;

b) To formulate processes, procedures and techno-economic norms applicable to the holding provision of public services in the sectors and fields under its management;

c) To guide and facilitate to support public service providers as prescribed by law.

12. Management of civil servants and public employees in charge of science and technology sector:

a) To formulate professional standards of civil servants of science and technology ranks and submit them to the Ministry of Home Affairs for promulgation;

b) To manage working positions in public non­-business units under its ambit of state management;

c) To formulate and promulgate professional standards and titles of public employees in charge of science and technology;

d) To specify criteria, conditions, contents and forms of rank promotion examination or approval, and organize professional title rank promotion examination or approval for public employees in charge of science and technology as prescribed by law;

e) To formulate and promulgate criteria for heads or managers of specialized agencies in charge of science and technology under management of provincial-level People’s Committees.

13. Regarding international cooperation:

a) To organize the implementation of approved bilateral and multilateral cooperation programs, treaties and agreements as well as schemes on international and regional integration in scientific and technology; to develop network of overseas science and technology representations under the Government’s direction;

b) To direct and guide the implementation of regulations of the Government and the Prime Minister on the organization of international conferences and seminars relating to fields under its state management;

c) To act as an official representative of Vietnam in international organizations in science and technology as assigned or decentralized by the Government or the Prime Minister.

14. Regarding inspection, examination and corruption prevention and fighting

a) To guide, examine and inspect the implementation of policies and laws in sectors, fields under its ambit of state management; to guide professional operation in specialized inspection and handle violations as prescribed by law;

b) To settle complaints, denunciations and recommendations of organizations and individuals relating to sectors and fields under its ambit of state management; to receive citizens and implement the corruption prevention and combating in accordance with regulations.

15. To recognize boards to campaign for the establishments of clubs, associations and non-governmental organizations (below referred to as associations) which operate in the fields under its ambit of state management; to guide and facilitate for associations to participate in activities of the sector; to consult associations in improving law regulations on science and technology; to examine and inspect the compliance with law of associations which operate in the fields under its management; to handle according to its competence or propose competent authorities to handle violations of associations as prescribed by law.

16. To manage and organize the implementation of investment projects under its competence as prescribed by law.

17. To organize and direct the implementation of plans on science research and application of science and technology advances in units under its management.

18. To act as the representative of the owner of state capital portion at enterprises possessing state capital under its management in accordance with provisions:

a) To exercise the rights and perform the obligations of the state owner in respect to state-owned single-member limited liability companies and state’s investment capital portion in other enterprises as assigned or decentralized by the Government or the Prime Minister;

b) To submit to competent authorities for appointment or relief from duty, or appoint or relieve from duty under its competence titles of leaders or managers in enterprises;

c) To approve under its competence or submit to competent authorities for approving organization and operation charters of enterprises.

19. To organize the implementation of its administrative reform plan in accordance with the state administrative reform program already approved by the Prime Minister.

20. To manage the apparatus and payroll of civil servants, working positions, structure and number of employees in public non-­business units; to decide on the appointment, re-appointment, transfer, rotation, dismissal, resignation, relief from duty and seconding; to implement the salary regime and regulations and policies on preferential treatment, commendation and disciplining and other regimes applicable to cadres, civil servants and public employees; to formulate and implement plans on professional training and retraining of cadres, civil servants and public employees under its management as prescribed by law.

21. To make the annual budget revenue-expenditure estimates of the Ministry and science and technology sector; to coordinate with the Ministry of Finance in formulating and synthesizing sector- and field-based budget revenue-expenditure estimates under its management so that the Government may submit them to the National Assembly; to manage and finalize state budget; to perform other tasks about state budget, finance and assets as prescribed by law.

22. To perform other tasks and exercise other powers assigned by the Government or the Prime Minister or prescribed by law.

Article 3. Organizational structure of the Ministry

1. Department of Social and Natural Sciences;

2. Department of Science and Technology for Economic - Technical Sectors;

3. Department of Technological Assessment, Appraisal and Evaluation;

4. Department of High-Technology;

5. Department of Planning-General Affairs;

6. Department of Finance;

7. Department of Legislation;

8. Department of Organization and Personnel;

9. Department of International Cooperation;

10. Department of Emulation-Commendation;

11. Department of Local Science and Technology Development;

12. Ministerial Office;

13. The Ministry Inspectorate;

14. Southern Affairs Department;

15. Department of Technology Application and Development;

16. Vietnam Atomic Energy Agency;

17. National Agency for Science and Technology Information;

18. National Agency for Science and Technology Enterprises and Market Development;

19. Vietnam Agency for Radiation and Nuclear Safety;

20. National Office of Intellectual Property;

21. Directorate for Standards, Metrology and Quality;

22. Management Board of Hoa Lac Hi-Tech Park;

23. National Institute for Science and Technology Strategy and Policy;

24. The Office of National Key S&T Programs;

25. Science and Development newspaper;

26. Vietnam Science and Technology magazine;

27. Center of Informatics;

28. School of Science and Technology Administration.

The units referred to in Clauses 1 thru 22 of this Article are organizations assisting the Minister in performing the state management function; units referred to in Clauses 23 thru 28 of this Article are public non-business units serving the Ministry’s state management function.

Department of Social and Natural Science may organize 02 divisions; Department of Science and Technology for Economic and Technical Sectors, may organize 03 divisions; Department of Organization and Personnel may organize 03 divisions; Department of International Cooperation may organize 04 divisions; Department of Planning- General Affairs may organize 03 divisions; Department of Finance may organize 03 divisions; and Department of Legislation may organize 02 divisions.

The Minister of Science and Technology shall submit to the Prime Minister for promulgating decisions defining the function, tasks, powers and organizational structures of Directorate for Standards, Metrology and Quality, Management Board of Hoa Lac Hi-Tech Park and list of other existing public non-business units under the Ministry.

Article 4. Effect

1. This Decree takes effect on April 20, 2013.

2. This Decree replaces the Government’s Decree No. 28/2008/ND-CP dated March 14, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Science and Technology; to annul previous regulations that are contrary to this Decree.

Article 5. Implementation responsibility

Ministers, heads of Ministerial-level agencies, heads of Government-attached agencies and presidents of provincial-level People’s Committees shall implement this Decree.