JOINT CIRCULAR No. 05/2008/TTLT-BCA-BKHCN-BTC guiding the implementation of certain provisions of Decree No. 169/2007/NĐ-CP dated November 19, 2007 of the Government on mobilizing scientific and technological potential to serve police work

 

JOINT CIRCULAR

Guidelines for Implementing Certain Provisions of Government Decree No. 169/2007/NĐ-CP dated November 19, 2007 on Mobilizing Scientific and Technological Resources to Serve Public Security Work

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Pursuant to Government Decree No. 169/2007/NĐ-CP dated November 19, 2007 on Mobilizing Scientific and Technological Resources to Serve Public Security Work (hereinafter referred to as Decree No. 169/2007/NĐ-CP); following the agreement of the Ministry of Planning and Investment (in Circular No. 5795/BKH-QPAN dated August 11, 2008), the Ministry of Public Security, the Ministry of Science and Technology, and the Ministry of Finance hereby provide guidelines for implementing certain provisions of the Decree as follows:

Chapter I. GENERAL PROVISIONS

Thông tư này quy định chi tiết khoản 4 Điều 38 Luật Thủy sản số 18/2017/QH14 đã được sửa đổi, bổ sung tại điểm c khoản 21 Điều 14 Luật số 146/2025/QH15.

These Circulars guide the implementation of the establishment and adjustment of mobilization plans; decisions on mobilization; procedures and formalities for transferring and returning mobilized objects; funding to ensure mobilization plans; policies and regulations for organizations and individuals subject to mobilization; responsibilities of ministries, sectors, localities, agencies, organizations, and individuals involved in mobilizing scientific and technological resources to serve public security work.

Thông tư này áp dụng đối với tổ chức, cá nhân có liên quan đến hoạt động kinh doanh đối tượng thủy sản nuôi chủ lực trên lãnh thổ Việt Nam.

These Circulars apply to agencies, organizations, and Vietnamese citizens; foreign individuals and organizations, and international organizations operating within the territory of Vietnam. In cases where international treaties to which the Socialist Republic of Vietnam is a party have different provisions, such treaty provisions shall be applied.

3. Scientific and technological resources serving public security work

a) Scientific and technological resources serving public security work: are the scientific and technological capabilities that can be mobilized to address immediate and long-term tasks of the People's Public Security to protect national security and maintain social order and safety, including: scientific and technological organizations; foreign organizations and international organizations in Vietnam; Vietnamese citizens and foreigners residing in Vietnam engaged in scientific and technological activities; financial support for scientific and technological activities; infrastructure and technical facilities ensuring scientific and technological activities; scientific and technological information; scientific and technological achievements; communication information systems.

b) Scientific and technological organizations: research institutions, research and technology development organizations; universities, academies, colleges; scientific and technological service organizations; state-owned enterprise scientific and technological organizations; state-owned and non-state-owned scientific and technological enterprises.

c) Vietnamese citizens and foreigners residing in Vietnam engaged in scientific and technological activities: are those who directly or indirectly participate in scientific and technological activities and in the process of creating scientific and technological products.

d) Infrastructure and technical facilities ensuring scientific and technological activities: include all technical infrastructure such as factories, machinery and equipment, raw materials, auxiliary materials, laboratories, scientific libraries, software, and databases on science and technology serving research and technology development.

đ) Scientific and technological information: includes data, figures, facts, news, knowledge in science and technology (including natural sciences, engineering sciences, social sciences, and humanities).

Chapter II. CONSTRUCTION AND ADJUSTMENT OF THE SCHEME FOR MOBILIZATION

1. Construction of the five-year and annual mobilization scheme

a) Based on the national security protection strategy, maintaining public order and social safety; strategies, plans, programs for national socio-economic development; directives and annual work plans of the Ministry of Public Security; the needs to enhance the scientific and technological potential of the People's Public Security, the Ministry of Public Security shall construct the five-year and annual mobilization schemes for scientific and technological potential to serve public security work, to be submitted to the Ministry of Science and Technology, the Ministry of Planning and Investment, and the Ministry of Finance before July 15th each year and at the beginning of the first year of the five-year plan for consolidation and submission.

b) The contents of the mobilization scheme include the following:

- Objectives and tasks of science and technology to be mobilized;

- Mobilization targets;

- Mobilization methods;

- Funding and conditions to ensure the mobilization plan;

- Authority to decide on mobilization;

- Responsibilities for organizing the implementation of the mobilization plan;

- Timeframe and progress of mobilization;

- Results of mobilization;

- Time, location, and method of transferring mobilization results.

c) The Ministry of Public Security shall exchange with organizations, individuals subject to mobilization through written communication during the construction of the mobilization plan.

2. Construction of the mobilization scheme in emergency situations

a) Emergency cases:

- Complex situations regarding security, public order, and social safety (not reaching the level of declaring a state of emergency) requiring mobilization to limit and mitigate consequences;

- Natural disasters, fires, dangerous epidemics (not reaching the level of declaring a state of emergency) assigned by the Prime Minister to the Ministry of Public Security for handling.

b) In case of emergencies, the Ministry of Public Security shall establish the mobilization plan according to Article 12, Clause 4 of Decree No. 169/2007/NĐ-CP, report to the Prime Minister for approval, and notify relevant ministries, sectors, provincial people's committees, centrally governed cities, and other related agencies and organizations.

3. Adjustment and supplementation of the mobilization plan

a) Cases for adjustment and supplementation:

- Mobilization targets no longer suitable for the mobilization plan;

- Adjustment of budget estimates for tasks in the approved plan;

- Objectives and tasks in the approved mobilization plan need to be changed from the original plan;

- Emergent requirements of public security work necessitating mobilization;

b) Authority for adjustment and supplementation:

Depending on specific circumstances, the Ministry of Public Security shall adjust and supplement the mobilization plan, report to the Prime Minister for approval, and notify relevant ministries, sectors, provincial people's committees, centrally governed cities, and other related agencies and organizations. Adjustments to the five-year plan are implemented within the annual plan.

Chapter III. DECISION ON CONSCRIPTION

Chapter III. DECISION ON MOBILIZATION

1. Authority to decide on mobilization

a) The Minister of Public Security decides on mobilization according to the plan approved by the Prime Minister.

b) The Director of the General Departments under the Ministry of Public Security decides on mobilization according to the authorization of the Minister of Public Security.

c) The Director of Public Security of provinces and centrally governed cities decides on mobilization for targets within their jurisdiction according to the authorization of the Minister of Public Security.

d) The model of the Mobilization Decision is prescribed by the Minister of Public Security.

2. Adjustment of time limits in the mobilization decision

a) Adjustment of time limits in the mobilization decision refers to extending or shortening the mobilization period.

b) The person authorized to mobilize as stipulated in Item 1 of Section III of this Circular shall issue a decision to adjust the mobilization period and notify organizations and individuals subject to mobilization about the adjustment of the mobilization period one-third of the time remaining before the end of the mobilization period.

Chapter IV. PROCEDURE FOR TRANSFER AND RETURN OF MOBILIZED OBJECTS

1. Procedure for transferring mobilized objects

a) Within ten (10) days from the date of issuance of the mobilization decision, the competent authority issuing the mobilization decision must send the mobilization decision to the organization or individual subject to mobilization.

b) The organization or individual subject to mobilization shall be responsible for implementing the Mobilization Decision.

c) The transfer of mobilized objects shall be witnessed by a lawful representative of the organization or individual subject to mobilization.

d) The model of the Transfer Record of Mobilized Objects shall be prescribed by the Minister of Public Security.

2. Procedure for returning mobilized objects

a) Within fifteen (15) days from the end of the mobilization period, the competent authority issuing the mobilization decision shall be responsible for returning the mobilized objects to the organization or individual subject to mobilization.

b) The return of mobilized objects must be witnessed by a lawful representative of the organization or individual subject to mobilization.

c) The model of the Return Record of Mobilized Objects shall be prescribed by the Minister of Public Security.

Chapter V. EXPENSES FOR IMPLEMENTING THE MOBILIZATION PLAN

1. Funding sources

a) State budget estimate allocated to the Ministry of Public Security includes:

- Expenditure on scientific and technological affairs;

- Regular expenditure on security.

b) Other sources of funding according to the provisions of law include:

- Legal funds as prescribed by the Government;

- Legitimate voluntary contributions and sponsorships not for profit from domestic and foreign organizations and individuals.

- Other sources of funding of the Ministry of Public Security.

In cases where urgent funding is required from science and technology development funds, the authority issuing the mobilization decision shall be responsible for consolidating the amount of funds mobilized into its state budget estimate for the competent state management authority to decide on repayment of the mobilized funds from the state budget to the funds.

2. Contents of expenditures

a) Purchase and receipt of transfer of technology and results of scientific research and technological development.

b) Acquisition of technology, results, and achievements of scientific research and technological development.

c) Payment of salary, remuneration, allowances, overtime pay, holiday pay, and other preferential policies due to injury as stipulated in Article 23 of Decree No. 169/2007/NĐ-CP and guiding documents for individuals engaged in science and technology mobilization activities.

d) Compensation payment for technical facilities that have been mobilized (if any).

đ) Other related expenses in connection with mobilization work.

3. Establishment, implementation, and settlement of expenses

The establishment, implementation, and settlement of expenses for mobilizing scientific and technological potential to serve public security work shall be carried out in accordance with the State Budget Law and guiding documents.

Chapter VI. REGIME AND POLICIES FOR ORGANIZATIONS AND INDIVIDUALS SUBJECT TO MOBILIZATION

1. For organizations subject to mobilization

During the period of being mobilized to serve public security work, the organization subject to mobilization shall enjoy the following regimes and policies:

a) Application of tax policies in accordance with current regulations on national defense and security;

b) Application of credit policies and incentives for the construction of material and technical infrastructure in accordance with current state regulations;

c) Sending representatives of their own organization to participate in training courses and seminars organized by the Ministry of Public Security for mobilization tasks. Training and seminar costs shall be borne by the Ministry of Public Security;

d) Periodically annually or urgently, if there are scientific and technological works of high scientific value, they shall be evaluated and recommended for awards by the competent state agency under the Ministry of Public Security in accordance with the Law on Commendation and Reward and guiding documents.

2. For individuals subject to mobilization

During the period of being mobilized to serve public security work, the individual subject to mobilization shall enjoy the following regimes and policies:

a) Application of the regimes and policies stipulated in Article 23 of Decree No. 169/2007/NĐ-CP and guiding documents;

b) Registration for evaluation and recommendation for science and technology awards of the Ministry of Public Security and the State for research projects and technological solutions of high value as if they were individuals under the Ministry of Public Security; counted towards consideration for scientific titles and training in accordance with current laws.

Chapter VII. RESPONSIBILITY FOR IMPLEMENTING MOBILIZATION

1. Ministry of Public Security:

a) Take the lead and coordinate with the Ministry of Science and Technology, the Ministry of Planning and Investment, the Ministry of Finance, relevant ministries, sectors, localities, organizations, and individuals to develop mobilization plans, incorporate them into the annual and five-year state budget estimates of the Ministry of Public Security, and submit them to the Ministry of Planning and Investment and the Ministry of Finance for approval by the competent authority; prepare detailed forms for the mobilization plan to ensure consistency for all ministries, sectors, and localities.

b) Take the lead and coordinate with the Ministry of Science and Technology, the Ministry of Planning and Investment, and the Ministry of Finance to develop inspection plans and organize regular inspections every six months, annually, or at any time to urge agencies and units to fulfill their mobilization tasks; compile and evaluate the implementation of mobilization tasks by the responsible agencies, and report to the Prime Minister.

c) Bear responsibility before the Prime Minister for the implementation of the mobilization plan for scientific and technological potential serving public security work.

2. The Ministry of Finance, the Ministry of Planning and Investment take the lead and coordinate with the Ministry of Public Security to aggregate the state budget estimate for submission to the competent authority for approval.

3. The Ministry of Science and Technology take the lead and coordinate with the Ministry of Public Security, the Ministry of Finance, and the Ministry of Planning and Investment to review the mobilization plan for scientific and technological potential within the overall five-year and annual science and technology plans for submission to the competent authority for approval; coordinate with the Ministry of Public Security to direct the implementation of the mobilization plan for scientific and technological potential serving public security work.

4. Ministries, sectors, People's Committees of provinces and centrally governed cities:

a) Report on the scientific and technological potential of subordinate units according to the content and requirements of the Ministry of Public Security for the purpose of developing mobilization plans.

b) Develop implementation plans and assign specific tasks and targets for mobilization to subordinate units.

c) Regularly report to the Prime Minister (through the Ministry of Public Security) on the implementation of the mobilization plan.

In case the mobilization progress does not meet the approved plan, they must report to the Prime Minister (through the Ministry of Public Security), explain the reasons, and propose solutions to address the issues.

5. Relevant agencies, organizations, and individuals have the responsibility to implement the mobilization plan as authorized by the competent authority.

Chapter VIII. ORGANIZATION AND IMPLEMENTATION

1. This Circular shall take effect fifteen days from the date of publication in the Official Gazette.

2. The Ministers, Heads of ministerial-level agencies, Chairpersons of People's Committees of provinces and centrally governed cities; relevant agencies, organizations, and individuals are responsible for organizing the implementation of this Circular.

During the implementation process, if there are any difficulties, the ministries, sectors, People's Committees of provinces and centrally governed cities, and relevant agencies, organizations, and individuals should reflect these issues to the Ministry of Public Security, the Ministry of Science and Technology, and the Ministry of Finance for timely guidance.