Decision No. 03/2004/QD-BKHCN Issuing the Regulation on the Organization and Operation of the Department of Evaluation, Appraisal, and Technology Inspection

Pursuant to …;

Issuing the Regulation on the organization and operation of
the Department of Evaluation, Appraisal and Technology Inspection
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THE MINISTER OF SCIENCE AND TECHNOLOGY

Pursuant to Decree No. 54/2003/ND-CP dated May 19, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Science and Technology, and Decree No. 28/2004/ND-CP dated January 16, 2004 of the Government amending and supplementing certain articles of Decree No. 54/2003/ND-CP;

Considering the proposals of the Heads of the Department of Evaluation, Appraisal and Technology Inspection and the Department of Organization and Cadres;

DECISION:

Article 1. This Decision promulgates the Regulation on the Organization and Operation of the Department of Evaluation, Appraisal and Technology Inspection under the Ministry of Science and Technology.

Article 2. This Decision takes effect 15 days from the date of publication in the Official Gazette and replaces Decision No. 2693/QD-TCCB dated November 16, 1996 on the issuance of the Charter on the Organization and Operation of the Office for Technology Appraisal and Environmental Assessment of Investment Projects of the Minister of Science, Technology and Environment (now the Ministry of Science and Technology).

Article 3. The Heads of the Office, Heads of the Department of Organization and Cadres, Heads of the Department of Evaluation, Appraisal and Technology Inspection, and Heads of units concerned shall be responsible for implementing this Decision.

REGULATIONS

Organization and operation of the Department of Evaluation, Appraisal and Technology Inspection

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(Issued together with Decision No. 03/2004/QD-BKHCN

dated April 29, 2004 of the Minister of Science and Technology)

PART I

FUNCTIONS, TASKS, AND POWERS

Article 1The Department of Evaluation, Appraisal and Technology Inspection (abbreviated as the Department of EATI) is a unit directly under the Ministry of Science and Technology assisting the Minister in performing the function of unified state management over activities of evaluation, appraisal, inspection of technology, transfer of technology, and consulting in these fields.

Article 2The Department of Evaluation, Appraisal and Technology Inspection has the following main tasks:

1. Studying and drafting for the Minister mechanisms, policies, and regulatory documents within the assigned field of management.

2. Studying and drafting for the Minister mechanisms, policies, and measures to develop the technology market and import/export of technology.

3. Organizing or guiding the evaluation of production technologies for products and new technologies created from scientific research and technological development results.

4. Organizing or inspecting appraisals of technology for domestic investment projects, foreign investment projects, and economic-social development programs within the Ministry's jurisdiction.

5. Organizing the appraisal of technology transfer contracts within the Ministry's jurisdiction.

6. Participating in tender reviews, evaluating tender results for investment projects, and participating in the acceptance of key national works according to the Ministry's assignment.

7. Organizing inspections of compliance with laws on evaluation, appraisal, inspection of technology, technology transfer, and consulting in these fields. Participating in inspections and evaluations of investment projects that have been granted investment permits according to the Ministry's assignment.

8. Monitoring and summarizing advisory activities in the fields of evaluation, appraisal, inspection, and technology transfer.

9. Organizing guidance and training for relevant staff in ministries, sectors, and localities within the assigned field of management.

10. Building databases on technology to serve the management of evaluation, appraisal, inspection of technology, and technology transfer.

11. Managing the National Register of Technology Transfer Contracts.

12. Managing personnel, civil servants, assets, and documents of the Department according to the division's classification and regulations of the Ministry.

Chapter II

ORGANIZATIONAL STRUCTURE

Article 3. The Department of Evaluation, Appraisal and Technology Inspection operates and works under the head system, combined with collective discussion.

The Head of the Department of Evaluation, Appraisal and Technology Inspection is responsible before the Minister for the entire organization and operation of the Department.

Deputy Heads of the Department of Evaluation, Appraisal and Technology Inspection assist the Head in leading the Department's work and are responsible before the Head for the tasks assigned to them and have the authority to decide matters within their scope of responsibility.

In case the Head is absent, a Deputy Head is authorized to lead and manage the Department's operations on behalf of the Head.

Article 4The Department of Evaluation, Appraisal and Technology Inspection implements a system where specialists work directly with the Department's leadership. When necessary, the Head of the Department of Evaluation, Appraisal and Technology Inspection may establish working groups or teams based on the nature and requirements of the work and specify the specific tasks of these groups or teams.

Chapter III

WORK RELATIONSHIPS

Article 5The Head of the Department of Evaluation, Appraisal and Technology Inspection manages all activities of the Department based on the Regulation on the Organization and Operation of the Department of Evaluation, Appraisal and Technology Inspection.

Article 6. The Head of the Department of Evaluation, Appraisal and Technology Inspection implements the working system and relationships with heads of units under the Ministry according to the Ministry's working regulation and other provisions issued by the Minister.

Article 7. The Department of Evaluation, Appraisal and Technology Inspection is responsible for closely collaborating with the Departments of Science and Technology, related functional departments of ministries and sectors, provincial Departments of Science and Technology, and grassroots units in carrying out assigned management tasks.

Chapter IV

IMPLEMENTING PROVISIONS

Article 8. The Head of the Department of Evaluation, Appraisal and Technology Inspection coordinates with the Head of the Department of Organization and Cadres to implement this Regulation.

Article 9Any amendments or supplements to this Regulation shall be proposed by the Head of the Department of Evaluation, Appraisal and Technology Inspection in coordination with the Head of the Department of Organization and Cadres to the Minister of Science and Technology for consideration and decision.