Circular No. 01/2021/TT-BKHCN guiding the functions, tasks, and authorities of specialized agencies for science and technology under provincial and district People's Committees.

CIRCULAR

 Guidelines on the functions, tasks, and authorities of specialized agencies for science and technology under provincial and district People's Committees

science and technology under the People's Committee of the province, district

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Pursuant to Decree No. 95/2017/NĐ-CP dated August 16, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Science and Technology;

Pursuant to Decree No. 24/2014/NĐ-CP dated April 4, 2014 of the Government stipulating the organization of specialized agencies under provincial People's Committees and municipalities directly under the central government, and Decree No. 107/2020/NĐ-CP dated September 14, 2020 of the Government amending and supplementing certain articles of Decree No. 24/2014/NĐ-CP dated April 4, 2014 of the Government;

Pursuant to Decree No. 37/2014/NĐ-CP dated May 5, 2014 of the Government stipulating the organization of specialized agencies under district, urban district, town, and city-level People's Committees under provinces and municipalities directly under the central government, and Decree No. 108/2020/NĐ-CP dated September 14, 2020 of the Government amending and supplementing certain articles of Decree No. 37/2014/NĐ-CP dated May 5, 2014 of the Government;

Based on the opinions of the Ministry of Home Affairs in Circular No. 6499/BNV-TCBC dated December 10, 2020;

At the proposal of the Director of the Cadre and Civil Servant Organization Department, the Director of the Local Science and Technology Development Department, and the Director of the Legal Department;

The Minister of Science and Technology guides the functions, tasks, and authorities of specialized agencies for science and technology under provincial People's Committees (hereinafter referred to collectively as provincial People's Committees), district, urban district, town, and city-level People's Committees under provinces and municipalities directly under the central government (hereinafter referred to collectively as district People's Committees); the functions, tasks, and authorities of the Standardization, Measurement, and Quality Control Sub-Department under the Department of Science and Technology; the functions, tasks, and authorities and organizational structure of public service units under the Department of Science and Technology.

PART I

DEPARTMENT OF SCIENCE AND TECHNOLOGY

Article 1. Position and Functions

1. The Department of Science and Technology (hereinafter referred to as the Department) is a specialized agency under the provincial People's Committee, performing the function of advising and assisting the provincial People's Committee in managing state affairs in the fields of science and technology, including: scientific research activities, technological development, innovation; developing scientific and technological potential; standards, measurement, quality; intellectual property; radiation and radioactive isotope application; radiation and nuclear safety; managing and organizing the implementation of public services in the fields within the scope of the Department's functions as prescribed by law.

2. The Department of Science and Technology has legal personality, its own seal and separate account according to the provisions of law; it complies with the guidance and management of the provincial People's Committee regarding organization and operation according to its authority, while also complying with the guidance, inspection, and professional direction of the Ministry of Science and Technology.

Article 2. Tasks and Authorities

1. Submit to the provincial People's Committee;

a) Draft decisions related to the fields of science, technology, and innovation within the scope of management and other documents assigned by the provincial People's Committee;

b) Draft plans for the development of the fields of science, technology, and innovation; draft programs, projects, measures for organizing the implementation of tasks in the fields of science, technology, and innovation within the province's jurisdiction;

c) Draft decisions on the delegation of management responsibilities in the fields of science, technology, and innovation to the Department and district People's Committees;

d) Draft decisions specifying the functions, tasks, authorities, and organizational structures of the Department; draft decisions specifying the functions, tasks, authorities, and organizational structures of the sub-department and public service units under the Department; draft decisions establishing and specifying the organization and operation of the local science and technology development fund according to the provisions of law;

e) Draft decisions on the socialization of activities providing public services in the field of science and technology within the authority of the provincial People's Committee and according to the delegation from higher-level state agencies.

2. Submit to the Chairman of the provincial People's Committee: Draft documents within the authority to issue of the Chairman of the provincial People's Committee as assigned.

3. Guide, inspect, and organize the implementation of legal documents, planning, plans, programs, projects, mechanisms, and policies on science, technology, and innovation after they are issued and approved: provide information, propaganda, guidance, dissemination, education, and monitoring the enforcement of local laws on science and technology; guide departments, sectors, district People's Committees, and local science and technology organizations on science and technology management.

4. Manage, register, issue, adjust, revoke, and extend various types of licenses, certificates, registrations, diplomas, and certificates within the scope of assigned functions and tasks according to the provisions of law, according to the delegation or authorization of the provincial People's Committee or the Chairman of the provincial People's Committee.

5. Develop plans and propose annual budget estimates for investment development and science and technology public services from the state budget for the fields of science, technology, and innovation in the locality based on the consolidation of budget estimates from departments, sectors, district People's Committees, and relevant agencies. Monitor and inspect the use of the state budget for the fields of science, technology, and innovation in the province according to the State Budget Law and the Science and Technology Law.

6. On the management of scientific research activities, technological development, and innovation:

a) Organize the identification, commissioning, selection, direct assignment, evaluation, and acceptance of scientific and technological tasks; organize the transfer of ownership and usage rights of research results using state budget funds;

b) Monitor, inspect, and evaluate the implementation process and post-acceptance of scientific and technological tasks using state budget funds;

c) Receive, organize the application, and evaluate the effectiveness of applying the results of scientific and technological tasks proposed by the provincial People's Committee or commissioned after evaluation and acceptance.

d) Organize the evaluation and review of the results of scientific and technological tasks not funded by the state budget of organizations and individuals within the province in accordance with the provisions of the law;

đ) Coordinate with departments, agencies of the locality and related agencies to propose a list of national-level scientific and technological tasks using the state budget that have inter-sectoral and inter-regional characteristics to serve the socio-economic development of the locality;

e) Establish scientific and technological advisory councils in accordance with the provisions of the Law on Science and Technology and according to the分级授权或省人民政府、省人民政府主席的委托;

g) Guide and organize the implementation of activities for innovation and entrepreneurship, exploitation and application of technology, commercialization of scientific research results and technological development, promotion of scientific research results, technological development, and innovation, mobilization of resources for scientific research activities and technological development, innovation, and entrepreneurial innovation in the locality;

h) Support organizations and individuals in technological innovation, commercialization of scientific research results and technological development, search for technology, import of technology, exploitation of patents, decoding, and mastering technology; provide opinions on technology for investment projects; evaluate technological capacity and build technological development orientations in accordance with the provisions of the law;

7. Regarding the development of the science and technology market, science and technology enterprises, science and technology organizations, and the potential of science and technology:

a) Organize surveys and investigations to assess the level and technological capacity of enterprises and science and technology organizations; the operational capacity of intermediary organizations in the science and technology market; guide the establishment and development; certify and inspect the operations of science and technology enterprises and organizations in the locality; compile and report to the Ministry of Science and Technology as prescribed;

b) Guide and implement mechanisms and policies to encourage and develop technology incubation activities, science and technology enterprise incubation activities in the locality; build and implement solutions to support technological innovation; commercialization of scientific research results and technological development, development of the science and technology market, and intermediary organizations in the science and technology market;

c) Organize the registration and inspection of activities of science and technology organizations, representative offices, branches of science and technology organizations;

d) Guide the implementation of the autonomy mechanism of public science and technology organizations in accordance with the provisions of the law; manage the activities of science and technology organizations both public and non-public under its jurisdiction;

đ) Guide and manage technology transfer activities in the locality, including: technology transfer, technology assessment, technology appraisal, brokerage, and technology transfer consulting; review or provide opinions on the scientific and technological basis of investment projects, plans, programs for economic and social development, and other programs and projects of the locality within its authority;

c) Propose investment projects to develop the potential of science and technology in the locality within its authority and organize their implementation after approval by the competent authority;

g) Organize the implementation of mechanisms and policies on the use and utilization of individuals engaged in science and technology activities; training and upgrading human resources in science and technology of the locality;

8. Organize research, application of scientific and technological progress and technology; exploitation, commercialization, publication, and promotion of scientific research results, scientific research and technological development, innovation, and other scientific and technological activities; coordinate the implementation of national-level scientific and technological tasks using the state budget at the local level;

9. Regarding intellectual property

a) Organize the implementation of the Intellectual Property Strategy until 2030, tasks, and programs in the field of intellectual property within the scope of assigned authority; implement measures to support the development of industrial property activities; guide industrial property business procedures for organizations and individuals; manage, build, and develop geographical indications and other signs indicating the origin of local products; manage geographical indications when authorized;

b) Guide and support organizations and individuals in conducting industrial property procedures; take the lead and coordinate with relevant agencies to protect industrial property rights and handle violations of the law on industrial property;

c) Take the lead in implementing measures to promote invention, initiative, and creativity activities in the locality; organize the examination and approval of recognition of initiatives created due to state funding and material-technical means according to the provisions of the law;

d) Issue, reissue, and revoke Certificates of Industrial Property Appraisal Organizations in accordance with the provisions of the law;

đ) Assist the provincial People's Committee in managing intellectual property matters related to the fields stipulated by the law and delegated or entrusted by the provincial People's Committee;

10. Regarding standards, measurement, and quality

a) Organize the development and participate in the development of local technical regulations;

b) Organize the popularization and application of national technical standards, local technical regulations, national standards, international standards, regional standards, foreign standards, conformity assessment methods for standards and technical regulations; guide the development of basic standards for organizations and individuals in the locality; inspect and supervise compliance with laws on standards and technical regulations in the locality; organize the implementation of product and commodity quality surveys in the locality; warn consumers and relevant agencies in the locality about the risk of product safety hazards;

c) Organize, manage, and guide organizations and individuals engaged in production and business to implement the announcement of standards applicable to products, goods, services, processes, and the environment according to the division of responsibilities assigned by competent state agencies;

d) Receive declarations of conformity with standards from organizations and individuals registered for production and business activities in the locality; receive declarations of compliance with regulations for products and goods that may cause safety risks (group 2 goods) within the scope of management; receive declarations of state inspection on the quality of imported goods in the assigned field; provide advice on registering barcode numbers according to the division of responsibilities assigned by competent state agencies; implement state management of product and good traceability at the local level;

đ) Implement tasks of announcing and answering questions regarding standards, measurement, quality, and technical barriers to trade (referred to as TBT) within the jurisdiction; coordinate with the National TBT Point in handling information inquiries, reviewing local TBT measures, and promoting TBT awareness among enterprises to support exports at the local level;

e) Serve as the focal point for implementing tasks and programs within the scope of standards, measurement, and quality under the jurisdiction at the local level; organize a network of calibration, verification, and testing for measurement to meet local requirements; organize the implementation of calibration, verification, and testing for measurement in registered fields and ranges;

g) Receive declarations and amendments to declarations using measurement marks; announce the use of measurement marks and amend the content of declarations using measurement marks on pre-packaged goods labels according to the provisions of the law;

h) Organize the implementation of measurement inspections on measurement standards, measuring instruments, measurement methods, pre-packaged goods, verification, calibration, and testing activities according to the provisions of the law; organize measures for relevant parties to monitor and inspect measurement methods, measuring instruments, measurement standards, and the quality of goods: organize the establishment, maintenance, preservation, and use of local measurement standards;

i) Organize the implementation of testing to serve state management requirements and the needs of organizations and individuals regarding product and good quality in the locality;

k) Take the lead and coordinate with related agencies to organize the implementation of quality inspections of products and goods in production, imported goods, circulating goods on the territory, and product labels, codes, and barcodes according to the division of responsibilities assigned by competent state agencies;

l) Organize the implementation of the application of the Quality Management System according to the national standard TCVN ISO 9001 in the operations of administrative state agencies at the local level according to the provisions of the law;

m) Guide organizations and businesses participating in national and international quality awards; examine and evaluate organizations and businesses participating in national quality awards in the province according to the provisions;

n) Organize the implementation of tasks related to improving productivity and product quality; serve as the focal point for implementing tasks under the national program supporting businesses to improve product quality and productivity, and the project on product traceability back to the locality;

o) Promote, disseminate, and guide regulatory legal documents on standards, measurement, and quality to organizations, individuals, and businesses within the scope of management;

11. On the application and ensuring radiation and nuclear safety;

a) Organize the implementation of plans, programs, projects, and measures to promote the application of radiation and radioactive isotopes for economic and social development;

b) Manage environmental radiation monitoring activities in the locality; coordinate in managing the development and application of nuclear energy according to regulations;

c) Manage public service activities in the field of atomic energy, radiation, and nuclear safety within the jurisdiction;

d) Manage and implement the receipt of declarations, safety assessments, issuance of permits, amendments, supplements, extensions, reissuance of permits for radiological work using diagnostic X-ray equipment in healthcare; issue radiation worker certificates for responsible persons at diagnostic X-ray facilities operating in the province according to the division of responsibilities assigned by the provincial People's Committee;

đ) Take the lead and coordinate with related agencies to conduct inspections and checks on compliance with laws on radiation and nuclear safety within the jurisdiction and handle violations according to authority;

e) Take the lead and coordinate with related agencies to assist the provincial People's Committee in developing provincial emergency response plans for radiation and nuclear incidents for approval by competent authorities and organize their implementation after approval; handle radiation and nuclear incidents within the jurisdiction according to the division of responsibilities assigned by the provincial People's Committee; receive, report, and coordinate with related agencies to verify information and organize searches and handling of radioactive sources, nuclear materials, and nuclear equipment outside control;

g) Take the lead and coordinate with functional units of the Ministry of Science and Technology to collect radioactive waste and discovered radioactive sources within the jurisdiction without identified owners; coordinate with functional units of the Ministry of Science and Technology in assessing permit issuance and managing radioactive sources within the jurisdiction according to the provisions of the law;

h) Guide organizations and individuals within the jurisdiction to manage radioactive waste and used radioactive sources, implement safety and security measures when discovering radioactive sources, nuclear materials, and nuclear equipment outside control;

i) Establish a database on radiation and nuclear safety and security control at the local level and integrate it with the national database on science and technology;

12. On information, statistics, science, technology, and innovation;

a) Organize and implement the processing, analysis, synthesis, and provision of scientific and technological information, statistical information on science, technology, and innovation to serve leadership, management, research, training, production, business, and socio-economic development at the local level;

b) Organize guidance and implementation of the collection, registration, storage, and publication of information on scientific and technological tasks within the jurisdiction according to the provisions.

c) Establish and develop scientific and technological information infrastructure; participate in building, updating, and exploiting the National Scientific and Technological Database; build, manage, connect, and share local scientific and technological databases to ensure synchronized and unified data integration, exchange, and sharing; participate in exploiting, maintaining, and developing the Vietnam Research and Education Network (VinaREN) and other scientific and technological information networks; apply information technology and communication technologies, advanced technical means in scientific and technological information and statistical activities;

d) Serve as the connection point for implementing projects of the Digitalized Vietnamese Knowledge System at the local level. Implement the construction of local data projects; develop and integrate local management systems and information in fields such as education, agriculture, health, science and technology, culture... and publicly share them on the Digitalized Vietnamese Knowledge System for community exploitation and use;

đ) Direct the organization to implement the statistical reporting system for the science and technology sector at the local level;

e) Coordinate to organize the implementation of national and non-national science, technology, and innovation surveys at the local level: Direct the organization to implement local science, technology, and innovation surveys;

g) Manage, establish, and develop local scientific and technological information sources; participate in the Vietnamese Union Library for scientific and technological information sources;

h) Organize technology and equipment markets, centers, online and offline technology information trading floors, exhibitions, and science and technology fairs; popularize, publish publications, and provide scientific and technological information;

i) Organize service activities in the fields of information, libraries, statistics, scientific and technological databases; printing, digitization; organize scientific and technological events;

13. Regarding public services:

a) Guide organizations to implement public services in the field of science and technology within their jurisdiction;

b) Organize the implementation of procedures, formalities, economic and technical norms for activities providing public services in the field of science and technology;

c) Guide and create conditions to support organizations implementing public services in the field of science and technology according to the provisions of the law;

14. Manage, encourage, and support the development of enterprises, cooperatives, collective economies, and private sectors in the field of science and technology operating within their jurisdiction;

15. Implement international cooperation in science and technology according to the provisions of the law and the division of responsibilities or delegation from the provincial People's Committee and higher state agencies;

16. Carry out inspection, supervision, complaint resolution, and accusation handling in the field of science and technology according to the provisions of the law and the division of responsibilities or delegation from the provincial People's Committee; organize citizen reception and implement regulations on anti-corruption, frugality, and waste prevention; handle violations within their authority or refer to competent authorities for handling according to the law;

17. Specify the functions, tasks, and powers of specialized departments, offices (if any), inspection bodies (if any) under the Department, and specialized departments under the Bureau and subordinate units according to the guidance of the Ministry of Science and Technology and the regulations of the provincial People's Committee;

18. Manage organizational structure, civil servant quotas, job positions, staff structures, and number of personnel in public service units under the Department; implement salary systems and incentive policies, training, rewards, and disciplinary measures for civil servants, officials, and employees within their jurisdiction according to the law and the division of responsibilities or delegation from the provincial People's Committee;

19. Manage, guide, and inspect the activities of associations and non-governmental organizations operating in the field of science and technology within their jurisdiction according to the law;

20. Manage and be responsible for financial resources and assets assigned according to the law and the division of responsibilities or delegation from the provincial People's Committee;

21. Implement information and regular and urgent reports on the implementation of assigned tasks to the provincial People's Committee and the Ministry of Science and Technology;

22. Perform other tasks assigned by the provincial People's Committee, the Chairman of the provincial People's Committee, and according to the law;

Chapter II

THE SPECIALIZED AGENCY FOR SCIENCE AND TECHNOLOGY

UNDER THE PROVINCE PEOPLE'S COMMITTEE

Article 3. Position and Functions

1. The Economic Department or the Economic and Infrastructure Department is a specialized agency under the People's Committee of the district, with the function of advising and assisting the district People's Committee in managing the state affairs concerning science, technology, and innovation within their jurisdiction according to the law;

2. The Economic Department or the Economic and Infrastructure Department has seals and accounts according to the law; comply with leadership and management regarding organization, job positions, quotas, and work of the district People's Committee, while complying with professional guidance, inspection, and direction from the Department of Science and Technology;

Article 4. Tasks and Powers

1. Submit to the People's Committee, the Chairman of the People's Committee of the district:

a) Submit to the district People's Committee: Draft decisions; medium-term and annual programs and plans for the development of science, technology, and innovation; programs and measures to organize the implementation of science and technology tasks at the district level; establishment of the Science and Technology Advisory Council according to the regulations and division of responsibilities or delegation of the provincial People's Committee;

b) Submit to the Chairman of the district People's Committee draft documents within the Chairman's authority according to the division of responsibilities.

2. Implement the legal documents and plans on science, technology, and innovation after their issuance and approval: provide information, statistics, propaganda, guidance, dissemination, education, monitoring the enforcement of laws in the fields of science, technology, and innovation; provide specialized guidance on the management of science, technology, and innovation to the People's Committees at the commune level.

3. Manage and implement scientific and technological tasks funded by the state budget; organize research and application of scientific and technological advancements; promote the labor innovation movement; disseminate and select research results, technological developments, inventions, initiatives, technical improvements, and production rationalization for local application; organize the provision of scientific and technological services within the jurisdiction.

4. Implement the legal provisions on standards, measurement, and product quality; inspect the measurement and quality of products and goods within the district jurisdiction.

5. Implement the legal provisions on industrial property.

6. Conduct inspections of organizations and individuals regarding compliance with policies and laws on science and technology within the jurisdiction according to assigned, delegated authority, or authorization and legal regulations; receive citizens, handle complaints and denunciations, prevent corruption and waste according to legal regulations.

7. Manage, encourage, and support the development of cooperatives, collective economy, and private sector in science and technology within the jurisdiction; manage associations and non-governmental organizations according to assigned, delegated authority, or authorization; guide and create conditions for associations and non-governmental organizations to participate in activities related to science and technology within the jurisdiction.

8. Manage job positions, civil servant quotas, and implement policies and benefits for dedicated civil servants managing science and technology at the district level according to Party regulations, legal provisions, and assignments, delegations, or authorizations from the District People's Committee and higher-level state agencies.

9. Establish and maintain an information storage and provision system; carry out regular and ad hoc reporting on the situation of science and technology activities to the People's Council, District People's Committee, Department of Science and Technology, and other state agencies when required.

10. Manage and effectively utilize office premises, assets, working equipment, finance, and budget allocated according to legal provisions and assignments, delegations, or authorizations from the District People's Committee and higher-level state agencies.

11. Perform other tasks assigned by the People's Committee and the Chairman of the District People's Committee.

Chapter III

STANDARDS MEASUREMENT QUALITY INSPECTION BRANCH

Article 5. Position and Functions

1. The Standards Measurement Quality Branch (hereinafter referred to as the Branch) is an organization under the Department, with the function of advising and assisting the Department Director in implementing state management in the fields of standards, measurement, quality, product identification codes, barcodes, and traceability; managing and organizing the implementation of public service activities in the fields of standards, measurement, and quality within the province according to legal regulations.

2. The Standards Measurement Quality Branch has legal personality, its own seal, and separate accounts; it follows the direct leadership and management of the Department regarding organizational structure, staffing, and operations, while also adhering to the specialized guidance, inspection, and direction provided by the National Standards Measurement Quality Administration concerning standards, measurement, productivity, and product and commodity quality.

Article 6. Duties and Authorities

The Standard Measurement Quality Control Division shall perform the duties and authorities regarding standards, measurement, and product quality as stipulated in Clause 10, Article 2 of this Circular, specifically as follows:

1. Research and develop draft normative legal documents for submission to the Department Director for approval by competent authorities on mechanisms, policies, and laws concerning standards, measurement, productivity, and product quality that are suitable for specific conditions at the local level.

2. Submit to the Department Director for issuance within their authority or advise the Department Director to submit to competent authorities for issuance long-term, five-year, and annual programs and plans on the development of standardization activities, technical regulations, measurement, testing, productivity, and product quality at the local level.

3. Guide and organize the implementation of normative legal documents, programs, planning, and activity plans in the field of standardization and technical regulation management, measurement management, and product quality management after they have been issued and approved by competent authorities; disseminate information, promote knowledge, and laws related to standards, measurement, productivity, and product quality at the local level.

4. Conduct quality surveys in the local area and warn relevant specialized agencies about product and commodity quality.

5. Organize the implementation of tasks according to the guidance of the Ministry Inspectorate, Department Inspectorate, and National Standard Measurement Quality Control Center regarding specialized inspection business: specialized inspections and handling violations of laws on standardization and technical regulation, measurement, and product quality; receiving citizens; resolving complaints and denunciations and implementing anti-corruption measures as prescribed by law; dispatching staff to cooperate or participate in specialized inspection teams of the Ministry Inspectorate, National Standard Measurement Quality Control Center, and Department Inspectorate when requested.

6. Organize the implementation of the application of the quality management system according to the national standard TCVN ISO 9001 in the operations of agencies and organizations under the administrative state system at the local level based on the classification or delegation of authority by the Department Director:

a) Develop and inspect the implementation of plans for applying the quality management system in the operations of agencies and organizations under the administrative state system at the local level;

b) Develop plans and organize training courses on building, applying, maintaining, and improving the quality management system and inspection business for officials, civil servants, employees, and workers in agencies and units.

7. Train, educate, guide, provide professional and vocational skills enhancement, consult, and support organizations, individuals, and businesses on standards, measurement, productivity, and product quality; organize research, application, and transfer of scientific and technological progress in the field of standards, measurement, productivity, and product quality at the local level.

8. Manage and organize technical service activities related to standards, measurement, and product quality; organize the collection, payment, management, and utilization of fees, charges, and other revenues related to standardization, measurement, and product quality activities according to the provisions of the law.

9. Receive declarations of conformity, declarations of compliance, declarations of state inspection for imported goods' quality, declarations of use of weight marks, and certification of premises eligible to use weight marks on prepackaged goods labels according to the provisions of the law; issue certificates, confirmations, and permits in the fields of standards, measurement, and quality according to the provisions of the law, based on the division of labor, classification, or delegation of authority by the Provincial People's Committee and the Chairman of the Provincial People's Committee.

10. Take the lead and coordinate with relevant agencies and units to guide and manage the application of traceability systems linked to codes and barcodes on the local territory.

11. Implement tasks of notification and response regarding standards, measurement, quality, and technical barriers to trade (referred to as TBT) on the local territory; coordinate with the National TBT Point in processing responses, reviewing draft measures, and promoting dissemination of TBT information to businesses to support exports at the local level.

12. Organize activities to improve productivity and product quality; coordinate in the implementation of tasks, programs, and projects in the field of standardization and measurement quality being implemented on the local territory.

13. Manage organizational structure, staffing, civil servants, employees, workers, and finances and assets of the Division according to the provisions of the law.

14. Perform other tasks assigned by the Department Director.

Chapter IV

PUBLIC INSTITUTION UNDER THE DEPARTMENT OF SCIENCE AND TECHNOLOGY

Article 7. Public Service Units performing functions of applying scientific and technological progress

1. Position, Functions

Public Service Units performing functions of applying scientific and technological progress (referred to as Science and Technology Application Centers or other names, hereinafter referred to as Application Centers) are public service units under the Department of Science and Technology, with functions of researching, applying, implementing, transferring technology, and providing science and technology services within their respective provinces or centrally governed cities.

The Application Center has legal personality, its own seal, and is entitled to open accounts at the State Treasury and banks for operations in accordance with the law.

2. Duties and Authorities

a) Participate in drafting legal documents, programs, and plans on applying and transferring scientific and technological progress in the locality; develop long-term, annual programs and tasks, and organize implementation after approval; organize monitoring, evaluation, summarization, and regular reporting on activities of applying and transferring scientific and technological progress in the locality;

b) Organize guidance, propaganda, and dissemination of mechanisms and policies encouraging the application, transfer, and innovation of technology within the scope and functions assigned;

c) Organize research and implementation of the application of scientific and technological achievements from both domestic and foreign sources into production, daily life, and environmental protection areas;

d) Organize the implementation of experimental production projects; train, transfer, commercialize, and disseminate results from research topics and experimental production projects;

đ) Organize activities providing support services for the application of atomic energy to serve economic and social development in the area;

e) Select technical advancements and organize trials to perfect suitable technical procedures for local conditions for new products;

g) Organize the construction, installation, and manufacturing of equipment, producing products or works serving production and daily life after successful research or receiving technology transfers from domestic and foreign scientific and technological organizations;

h) Carry out regular tasks and public service activities supporting the management work of the Department; implement training, upgrading, and professional skill enhancement services; conduct advisory, brokerage, promotion of technology transfer, and provision of science and technology services within the assigned functions and tasks according to the law;

i) Manage organizational structure, personnel, finance, and assets of the Center in accordance with the law, provincial People's Committee delegation, and the Department;

k) Participate and organize activities demonstrating and connecting supply and demand for technology; organize conferences, seminars, exhibitions to introduce and promote technology products within the assigned functions and tasks according to the law;

l) Develop and provide data on technology and technology experts to support management and assist enterprises in technological innovation; organize training and dissemination of advanced science and technology techniques to the public; organize visits to models of applying advanced science and technology techniques both within and outside the province;

m) Develop demonstration models on applying new technologies, advanced techniques suitable for local conditions;

n) Identify needs to complete research outcomes and technological applications, innovations, and transfers in the locality; implement solutions to support enterprises and the public in technological innovation;

o) Implement international cooperation activities, joint research, application, and development of technology within the assigned functions and tasks according to the law;

p) Perform other tasks assigned by the Director of the Department.

3. Organizational Structure of the Center

a) Leadership: The Application Center has a Director and Deputy Directors as prescribed.

The Director of the Application Center is responsible before the Director of the Department of Science and Technology and the law for all activities of the Center.

The Deputy Directors of the Application Center are responsible before the Director of the Center and the law for the areas of work they are assigned.

b) Professional organizations subordinate to the Center

The Application Center has an Office and specialized departments to carry out assigned tasks and functions.

Based on the nature, characteristics, and specific requirements for scientific and technological research and application activities in the locality, the Director of the Application Center shall submit to the Director of the Department for advice and submission to the competent authority to specifically define the organizational structure of the Center according to regulations.

Article 8. Public service units performing the function of information and statistics on science, technology, and innovation shall carry out their duties.

1. Position and Functions

Public service units performing the function of information and statistics on science and technology (referred to as the Science and Technology Information and Statistics Center or other names, hereinafter referred to as the Information Center) are public service units under the Department of Science and Technology, responsible for providing information, statistics on science and technology, and innovation services to support provincial state management work.

The Information Center has legal personality, its own seal, and is entitled to open accounts at the State Treasury and banks in accordance with the law to operate.

2. Tasks and Authorities

a) Organize and implement the processing, analysis, synthesis, and provision of scientific and technological information, statistical data on science and technology, and innovation to serve local leadership and state management; publish and provide regular publications, special issues, journals related to the fields of information and statistics on science and technology and innovation.

b) Collect, register, retain, and publish information on the results of scientific and technological tasks within the scope of local management as prescribed.

c) Exploit, search, and provide domestic and foreign scientific and technological information sources to serve the identification, selection, implementation, evaluation, and acceptance of scientific and technological tasks and other tasks for important local programs and projects; serve scientific research, technological development, and innovation; and serve the economic and social development of the locality.

d) Build and develop scientific and technological information infrastructure; participate in building, updating, and exploiting the National Database on Science and Technology; build, manage, connect, and share local databases on science and technology to ensure integrated, synchronized, and consistent data exchange and sharing.

đ) Serve as the focal point for implementing projects of the Vietnam Digital Knowledge System at the local level. Implement the construction of local data projects; develop and integrate local management systems and data in areas such as education, agriculture, health, science and technology, culture, etc., and publicly share them on the Vietnam Digital Knowledge System for community exploitation and use.

e) Establish, implement, and connect the VinaREN Network, other scientific and technological information networks; apply advanced information and communication technologies and technical means in information and statistical activities on science and technology and innovation; manage the electronic portal of the Department of Science and Technology, the electronic portal on entrepreneurship and innovation of the province.

g) Organize and implement the statistical reporting system in the field of science and technology at the local level.

h) Participate in organizing and implementing national and non-national science and technology statistical surveys; organize and implement local science and technology and innovation statistical surveys; synthesize, process, analyze, and update local managed statistical survey data into databases; disseminate and publish the results of local science and technology and innovation statistical surveys.

i) Organize and implement the dissemination of local scientific and technological information and statistical data on science and technology and innovation; coordinate with mass media organizations to bring scientific knowledge to all audiences; provide scientific and technological information to serve agricultural development, farmers, and rural areas.

k) Organize and develop local scientific and technological information sources; supplement books, newspapers, and materials through purchasing, gifts, exchanges; organize and develop library work, electronic libraries, digital libraries, and local scientific and technological information networks; participate in the Vietnam Library Union on scientific and technological information sources.

l) Organize, coordinate, and participate in Technology Markets (Techmart), technology supply-demand connections (Techdemo), Innovation and Entrepreneurship Festivals (Techfest), direct and online Internet-based technology information trading centers and exhibitions, both domestic and international; collect and provide technological information, products, and services on scientific and technological information; information on applied research results and technical advancements in the locality; information on scientific and technological consulting experts.

m) Carry out and coordinate in conducting scientific research and technological development within the assigned functions and tasks.

n) Organize and participate in organizing training and capacity-building activities; events, conferences, seminars organized annually by the Ministry of Science and Technology, subordinate units of the Ministry of Science and Technology, departments, provincial People's Committees on information and statistics on science and technology; fields of innovation and innovative entrepreneurship.

o) Organize and coordinate organizing visits, learning, and experience-sharing on models of information and statistical activities on science and technology.

p) Organize, implement, and provide products and services to serve scientific research and technological development, education and training, production, and business according to societal needs in the fields of information and statistics on science and technology and innovation and other fields as prescribed by law.

q) Perform other tasks assigned by the Director of the Department.

3. Organizational Structure of the Center

a) Leadership: The Information Center has a Director and Deputy Directors as prescribed.

The Director of the Information Center is responsible before the Director of the Department and the law for all activities of the Center.

The Deputy Directors of the Application Center are responsible before the Director of the Center and the law for the areas of work they are assigned.

b) Professional organizations subordinate to the Center

The Information Center has an Office and specialized departments to implement the assigned functions and tasks.

||| Based on the nature, characteristics, and specific requirements for scientific, technological, and innovation information and statistical activities at the local level, the Director of the Information Center shall submit to the Department Director for submission to the competent authority to specify the organizational structure of the Center in accordance with the regulations.

||| Article 9. Public service units performing public service and technical services related to standards, measurement, productivity, product quality, and goods quality

1. Position and Functions

||| Public service units carrying out public service and technical services related to standards, measurement, productivity, product quality, and goods quality, code numbers, barcode (referred to as the Standard Measurement Quality Technology Center or other names, hereinafter referred to as the Standard Measurement Quality Center) are public service units under the Inspection Agency, assisting the Inspection Agency Director in implementing public service and technical services related to standards, measurement, productivity, product quality, and goods quality, code numbers, and barcode to meet state management requirements and the needs of organizations and individuals in accordance with the law.

||| The Standard Measurement Quality Center has legal personality, its own seal, and is allowed to open accounts at the national treasury and banks to operate in accordance with the law.

2. Tasks and Authorities

||| a) Participate in drafting and implementing regulatory legal documents, programs, plans for public service activities related to standards and technical regulations, measurement, product quality, and goods quality, and productivity after being issued by the competent authority;

b) Establish, maintain, preserve, and utilize local measurement standards;

||| c) Implement calibration, verification, testing activities for measuring instruments, metrology standards within registered fields and designated areas; provide maintenance, repair, and servicing services for measuring instruments, metrology standards, testing equipment, materials, tools, and electrical equipment in accordance with the law;

d) Provide consulting, training, and support to organizations, individuals, enterprises on standardization, measurement, quality improvement, and international integration;

||| d) Implement testing and quality appraisal activities for products and goods to serve state management requirements;

||| e) Implement advisory and certification activities for products and goods to comply with standards and technical regulations to serve state management requirements;

g) Provide consulting on building and applying quality management systems and productivity improvement tools for organizations, agencies, and enterprises;

h) Assist in the publication of standards applicable to products, goods, services, processes, and environments;

||| i) Implement coordination activities with relevant agencies to conduct specialized inspections and audits regarding standards, measurement, product labeling, product quality, circulating goods, exported goods, imported goods, and code numbers according to the division of responsibilities and delegation from authorized state agencies;

k) Assist units and organizations participating in the National Quality Award; apply barcode technology;

l) Participate in drafting local technical regulations;

m) Organize and participate in specialized training and professional development courses on standards, technical regulations, measurement, quality, TBT, and productivity;

n) Apply and transfer scientific and technological progress in the fields of standards, measurement, quality, and productivity;

o) Organize promotional, dissemination, introduction, and publicity activities on standards, technical regulations, measurement, codes, and barcodes, productivity, and quality at the local level;

p) Organize visits, learning, cooperation, and experience sharing on standards, measurement, productivity, and quality;

||| q) Implement international cooperation, information dissemination, and periodic or ad hoc reporting on the implementation of assigned tasks according to the division of responsibilities from authorized state agencies;

||| r) Implement other technical activities related to standards, measurement, quality, and productivity in accordance with the assigned functions and tasks;

||| 3. Organizational Structure

||| a) Leadership: The Standard Measurement Quality Center has a Director and Deputy Directors as prescribed;

||| The Director of the Standard Measurement Quality Center is responsible before the Inspection Agency Director and the law for all activities of the Center;

The Deputy Directors of the Center are responsible before the Director and the law for the areas of work they are assigned.

||| b) Professional and technical organizations under the Standard Measurement Quality Center have an Office and specialized departments to implement assigned tasks in accordance with their functions and tasks;

||| Based on the nature, characteristics, and specific requirements for public service and technical service activities related to standards, measurement, and quality at the local level, the Director of the Standard Measurement Quality Center shall submit to the Inspection Agency Director for submission to the competent authority to specify the organizational structure of the Center in accordance with the regulations.

Chapter V

IMPLEMENTATION

Article 10. Effective Date

||| 1. This Circular takes effect from April 15, 2021.

||| 2. This Circular replaces Joint Circular No. 29/2014/TTLT-BKHCN-BNV dated October 15, 2014 of the Minister of Science and Technology. The Minister of Home Affairs guides the functions, tasks, authorities, and organizational structure of the specialized agency for science and technology under the provincial and district People's Committees.

Article 11. Responsibility for Implementation

||| 1. Provincial People's Committees directly under the Central Government

||| a) Specify the detailed functions, tasks, and authorities of the Department of Science and Technology; decide on the organizational structure of the Department of Science and Technology in accordance with the requirements of state management over science and technology in groups of fields such as: scientific research activities; applied research, technology development, and technology market activities (of organizations, businesses, individuals); innovation activities; standardization, measurement, and quality control; specialized inspection activities in science and technology; development of scientific and technological potential (organizations, human resources in science and technology; science and technology information); intellectual property; radiation application and radioactive isotope safety, radiation, nuclear safety, and other tasks as prescribed by law;

||| b) Specify the functions, tasks, and authorities of the Inspection Agencies under the Department in accordance with this Circular; decide on the establishment and organizational structure of the Inspection Agencies under the Department in accordance with the regulations, meeting the requirements of state management over standardization, measurement, and quality control at the local level, including: measurement management; standard and quality management; notification and response on standards, measurement, quality, and technical barriers to trade (TBT); administrative consolidation, and implementation of public service and technical service activities related to standardization, measurement, and quality control in accordance with the law;

||| c) Based on the requirement to ensure adequate and timely support for management work, specialization, and efficiency in operations, and the economic and social development situation of the locality, decide on the establishment, restructuring, dissolution of public service units under the Department to carry out activities: applied scientific and technological research; scientific and technological information and statistics, and innovation; standardization, measurement, and quality control, and other public service and technical service activities in science and technology in accordance with the law, ensuring consistency with the approved public scientific and technological organization network planning by the competent authority and the guidance of the Ministry of Science and Technology and the Ministry of Home Affairs.

d) Direct, guide the People's Committee of the district to specifically define the functions, tasks, powers, organization, and staffing of the Economic Department or the Economic and Infrastructure Department to ensure they meet the requirements of the assigned tasks in accordance with the law;

đ) Direct the Department of Science and Technology, the Department of Personnel Administration, and the People's Committee of the district to promptly review to establish or amend, supplement, and examine the Job Position Plan and the Cadre Rank Structure of the Department of Science and Technology, the Economic Department or the Economic and Infrastructure Department at the district level, and the Job Position Plan in public service units under the Department of Science and Technology in accordance with the regulations; implement the review of civil servant and civil employee staffing to report to the People's Committee of the province to propose the competent authority to allocate and adjust civil servant and civil employee staffing to ensure the implementation of tasks in accordance with the regulations.

2. The Chairman of the People's Committee of the province shall be responsible for organizing the implementation of this Circular. During the implementation process, if there are arising issues, difficulties, obstacles, or need for amendment and supplementation, the provinces and centrally governed cities shall promptly reflect to the Ministry of Science and Technology for consideration and resolution within their jurisdiction./.