Joint Circular No. 05/2008/TTLT-BKHCN-BNV guides the functions, tasks, authorities, and organizational structure of specialized agencies for science and technology under provincial and district People's Committees.

JOINT CIRCULAR

Guidelines on functions, tasks, powers, and organizational structure of the science and technology administrative body under the provincial and district People's Committees

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Pursuant to Decree No. 13/2008/NĐ-CP dated February 4, 2008 of the Government on the organization of administrative bodies under the provincial People's Committees, municipal people's committees directly under the central government;

Pursuant to Decree No. 14/2008/NĐ-CP dated February 4, 2008 of the Government on the organization of administrative bodies under the district, town, city, and provincial-level city People's Committees;

Pursuant to Decree No. 178/2007/NĐ-CP dated December 3, 2007 of the Government on the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies;

Pursuant to Decree No. 28/2008/NĐ-CP dated March 14, 2008 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Science and Technology;

Pursuant to Decree No. 48/2008/NĐ-CP dated April 17, 2008 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs;

The Ministry of Science and Technology and the Ministry of Home Affairs hereby guide the functions, tasks, powers, and organizational structure of the science and technology administrative body under the provincial and district People's Committees as follows:

Part I

DEPARTMENT OF SCIENCE AND TECHNOLOGY

I. POSITION AND FUNCTIONS

1. The Department of Science and Technology is an administrative body under the provincial People's Committee (hereinafter referred to as the provincial People's Committee) with the function of advising and assisting the provincial People's Committee in managing state affairs related to science and technology, including: scientific and technological activities; development of scientific and technological potential; standards, measurement, quality; intellectual property; radiation application and radioactive isotopes; radiation safety and nuclear safety; public services within the scope managed by the Department according to the provisions of the law.

2. The Department of Science and Technology has legal personality, its own seal and separate account; it is subject to the guidance and management of the provincial People's Committee regarding organization, staffing, and operations, while also being subject to the guidance, supervision, inspection, and review of the Ministry of Science and Technology in terms of professional matters.

II. TASKS AND POWERS

1. Submit to the provincial People's Committee:

a) Draft decisions, directives; long-term plans, five-year plans, and annual plans for science and technology; programs and measures to organize the implementation of administrative reform tasks and decentralization management in the field of science and technology within the jurisdiction;

b) Mechanisms, policies, and measures to promote scientific research and technological development, technology transfer, technology market development, and effective utilization of scientific and technological potential and application of scientific and technological achievements;

c) Draft regulations on the functions, tasks, and powers of subordinate bureaus; decisions on establishment and regulations on organization and operation of the local science and technology development fund;

d) Draft regulations on job titles for heads and deputies of organizations under the Department; regulations on professional qualifications for leadership positions in economic departments or industry and trade departments of the district People's Committee in the field of science and technology;

đ) Annual budget draft for the field of science and technology at the local level based on the consolidation of budget drafts from various departments, sectors, district People's Committees, and relevant agencies.

2. Submitting to the Chairman of the Provincial People's Committee:

a) Draft decisions on establishment, merger, dissolution of units under the Department in accordance with the law; establishment of the provincial science and technology council in accordance with the Law on Science and Technology and guidelines of the Ministry of Science and Technology;

b) Draft decisions and directives within the authority of the Chairman of the provincial People's Committee on the field of science and technology.

3. Guide, inspect, and organize the implementation of legal documents, planning, policies, mechanisms, and other regulations after they have been issued and approved by competent authorities; provide information, propaganda, guidance, dissemination, and education on laws related to science and technology; guide departments, sectors, district People's Committees, and local scientific and technological organizations on science and technology management.

4. Organize inspections and oversight of the use of state budget funds for science and technology in the province in accordance with the State Budget Law.

5. Manage the issuance, adjustment, revocation, and extension of various licenses, certificates, and registrations within the scope of state management over science and technology in accordance with the law, delegation, or authorization by the provincial People's Committee.

6. Regarding scientific and technological activities and development of scientific and technological potential:

a) Organize selection, evaluation, and acceptance of scientific and technological tasks; promote the publication and dissemination of scientific research results, scientific research and technological development, and other activities; manage key scientific and technological tasks of the province; coordinate the implementation of national scientific and technological tasks at the local level;

b) Guide and inspect the transformation of public scientific and technological organizations operating under an autonomous mechanism, responsibility system, establishment and development of scientific and technological enterprises; guide individuals and organizations in nurturing technology and nurturing scientific and technological enterprises; support individuals and organizations in technological innovation, promoting inventions, improving techniques, rationalizing production, and other activities applied to production and business;

c) Guide and manage technology transfer activities within the jurisdiction, including: technology transfer and assessment, valuation, appraisal of technology, brokerage, and advisory services for technology transfer; assess technology for investment projects and content of science and technology in local socio-economic development plans according to authority;

d) Implement registration and inspection of the activities of scientific and technological organizations; certify scientific and technological enterprises within the jurisdiction according to the law.

d) Implement mechanisms and policies for the use and promotion of scientific and technological personnel; organize annual training and capacity building for local scientific and technological management staff;

e) Implement information, communication, library, statistical work on science and technology, develop the technology market; guide the activities of scientific and technological information service organizations; build technical infrastructure for scientific and technological information and statistics, organize technology markets and equipment fairs, technology transaction centers, scientific and technological exhibitions, establish databases on human resources and scientific and technological achievements, invest in developing advanced scientific and technological information networks connected to central and local authorities; g) Take the lead and coordinate with local departments and related agencies to implement the structure of investment capital for the development of science and technology, allocated science and technology public expenditure;

h) Coordinate with local departments and related agencies to propose a list of national-level science and technology tasks with inter-sectoral and inter-regional characteristics serving local socio-economic development; propose local science and technology development investment projects and organize their implementation after approval by competent authorities;

i) Serve as the permanent member of the Science and Technology Council of the Provincial People's Committee;

7. On intellectual property:

a) Implement measures to develop industrial property activities and promote inventions, technical improvements, production rationalization, and other activities within the province; provide guidance on industrial property business to organizations and individuals in the locality;

b) Implement measures to protect the legitimate rights and interests of the state, organizations, and individuals in the field of industrial property within the locality according to the law;

c) Take the lead and coordinate with local departments to handle acts infringing upon industrial property rights within the locality according to the law;

d) Coordinate with the Department of Culture, Sports and Tourism, the Department of Information and Communications, and the Department of Agriculture and Rural Development to manage intellectual property in relevant fields according to the delegation or authorization of the provincial People's Committee;

8. On standards, measurement, and quality:

a) Organize the establishment and participate in establishing local technical regulations;

b) Organize the dissemination and application of national technical regulations, local technical regulations, national standards, international standards, regional standards, foreign standards; guide the establishment of basic standards for organizations and individuals in the locality;

c) Organize, manage, and guide organizations and individuals engaged in production and business to publish standards applicable to products, goods, services, processes, and environments according to the division and delegation of competent state authorities;

d) Receive declarations of conformity from organizations and individuals registered for business operations in the locality; receive declarations of compliance in assigned areas and compile reports to the provincial People's Committee and the Ministry of Science and Technology on conformity declarations in the locality;

đ) Carry out tasks of announcing and responding to inquiries about standards, measurements, quality, and technical barriers in trade within the locality;

e) Organize a network of calibration and verification services for measurement that meets local requirements; carry out calibration and verification services for measurement in recognized fields and scopes;

g) Organize the inspection of prepackaged goods' measurements and measures; implement measures so that organizations and individuals can inspect measurements and measuring methods;

h) Organize testing services to meet state management requirements for product and commodity quality within the locality;

i) Take the lead and coordinate with relevant agencies to implement inspections on product labels, quality of circulating products and commodities, exported goods, imported goods according to the division, delegation, or authorization of competent state authorities;

9. On radiation and radioactive isotope applications, radiation and nuclear safety:

a) On radiation and radioactive isotope applications: - Implement programs, projects, and measures to promote radiation and radioactive isotope applications for socio-economic development; organize the deployment of radiation and radioactive isotope applications in economic and technical sectors within the locality; - Manage environmental radiation monitoring activities within the locality; - Implement related technical services for radiation and radioactive isotope applications; - Organize registration of support service activities for nuclear energy applications within the locality according to the delegation of competent state authorities;

b) On radiation and nuclear safety: - Implement registration for radiation and nuclear safety according to the law or delegation, division, and authorization of the provincial People's Committee; - Manage declarations, statistics of radiation sources, radiation equipment, radioactive waste within the locality according to the law; - Organize control and handling of radiation incidents and nuclear accidents within the locality; - Establish and integrate with the national database on radiation and nuclear safety control at the local level;

10. On public services:

a) Guide public institutions to implement public services in the field of science and technology within the locality;

b) Implement procedures, formalities, and economic-technical norms for public service supply activities in the field of science and technology;

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

11. Assist the provincial People's Committee in managing enterprises, collective economic organizations, private economy, and guide and inspect the activities of associations and non-governmental organizations operating in the field of science and technology according to the law.

11. Assist the People's Committee of the province in state management of enterprises, collective economic organizations, private economic entities, and guide and inspect the activities of associations and non-governmental organizations operating in the fields of science and technology in accordance with the provisions of the law.

12. Implement international cooperation in science and technology in accordance with the provisions of the law, the division of responsibilities, decentralization, or delegation by the Provincial People's Committee.

13. Organize research and application of scientific and technological progress; establish information and storage systems to serve state management work in science and technology.

14. Conduct inspections, checks, and handle violations in the field of science and technology against organizations and individuals in accordance with the law; resolve complaints, denunciations, prevent corruption, promote thrift, and combat waste in accordance with the law and the division of responsibilities, decentralization, or delegation by the Provincial People's Committee.

15. Define functions, tasks, powers, organizational structure, and working relationships of specialized and professional organizations and affiliated public service organizations under the Department; manage staffing, implement salary systems and incentive policies, training, rewards, and disciplinary measures for cadres, civil servants, and public officials within the scope of the Department's state management in accordance with the law and decentralization by the Provincial People's Committee.

16. Manage the financial resources and assets of the Department in accordance with the law and the division of responsibilities by the Provincial People's Committee.

17. Carry out information and reporting work on a six-month basis or at any time as required by the Provincial People's Committee and the Ministry of Science and Technology regarding the implementation of assigned tasks.

18. Perform other tasks assigned by the Provincial People's Committee or as stipulated by the law.

III. ORGANIZATIONAL STRUCTURE AND STAFFING

1. Leadership of the Department:

a) The Department of Science and Technology has a Director and not more than three Deputy Directors. For the Department of Science and Technology in Hanoi City and Ho Chi Minh City, the number of Deputy Directors shall not exceed four.

b) The Director of the Department is the head of the Department, accountable to the Provincial People's Committee and the Chairman of the Provincial People's Committee for all activities of the Department in accordance with the law; responsible for reporting work to the Provincial People's Committee, the Provincial People's Council, and the Ministry of Science and Technology as prescribed.

c) The Deputy Director of the Department assists the Director, accountable to the Director and the law for the tasks assigned; when the Director is absent, one Deputy Director may be delegated by the Director to oversee the Department's operations.

d) The appointment of the Director and Deputy Directors of the Department is decided by the Chairman of the Provincial People's Committee based on professional standards issued by the Ministry of Science and Technology and in accordance with the law. The removal, commendation, punishment, and other policy benefits for the Director and Deputy Directors of the Department are carried out in accordance with the law.

2. Organizational Structure:

a) Specialized and professional organizations under the Department:

- Organizations established uniformly at the Department include: Office, Inspectorate, Planning and Finance Division.

The establishment of the Organization and Cadre Division under the Department or a cadre organization section under the Department's Office is decided by the Provincial People's Committee.

- Organizations established according to the characteristics of each locality include: Scientific Management Division, Technological Management Division, Basic Scientific and Technological Management Division, Specialized Management Division (to manage areas such as intellectual property, radiation and radioactive isotope application, radiation and nuclear safety, science and technology information and statistics) or organizations with different names.

Based on the nature, characteristics, and specific management requirements for the science and technology sector in the locality, the Director of the Department of Science and Technology, in coordination with the Director of the Department of Home Affairs, shall submit to the Chairman of the Provincial People's Committee for decision on the specific number and names of specialized and professional organizations under the Department, but the total number shall not exceed eight for provinces and nine for centrally governed cities.

b) Subordinate Inspection Units:

Standardization, Measurement, and Quality Control Inspection Unit.

The Standardization, Measurement, and Quality Control Inspection Unit has legal personality, its own seal, separate account, and can establish subordinate public service units.

c) Public Service Organizations under the Department:

- Information and Science and Technology Center;

- Technology Application and Transfer Center (or Advanced Science and Technology Application Center);

- Energy Saving Center (if applicable).

The establishment and naming of public service organizations under the Department are decided by the Provincial People's Committee based on the proposal of the Director of the Department of Science and Technology and the specific nature, characteristics, and management requirements of the locality.

3. Staffing:

a) Administrative staffing of the Department of Science and Technology is decided by the Provincial People's Committee within the total administrative staffing allocated by the Central Government.

b) Public service staffing of subordinate units under the Department of Science and Technology is decided by the Provincial People's Committee based on staffing norms and legal provisions.

Part II

SPECIALIZED AGENCIES FOR SCIENCE AND TECHNOLOGY UNDER THE PEOPLE'S COMMITTEES OF COUNTIES, DISTRICTS, TOWNS, AND PROVINCE-GOVERNED CITIES

I. POSITION AND FUNCTIONS

1. The Economic Department or Industry and Trade Department is a specialized agency under the People's Committee of counties, districts, towns, and province-governed cities (hereinafter referred to as the County-level People's Committee) with the function of advising and assisting the County-level People's Committee in managing state affairs in science and technology in their respective jurisdictions in accordance with the law (for other fields managed by the corresponding ministries, guidance from those ministries shall apply).

2. The Economic Department or Industry and Trade Department has legal personality, its own seal, and separate accounts; it is subject to the direction and management of organization, staffing, and work by the County-level People's Committee, while also being subject to professional and technical guidance and supervision by the Department of Science and Technology.

II. TASKS AND POWERS

1. Submit draft decisions, directives; long-term plans, five-year plans, and annual plans; and annual state budget estimates for the science and technology sector of the locality to the County-level People's Committee.

2. Submit to the Chairman of the County-level People's Committee for issuance of decisions and directives on science and technology matters in their jurisdiction.

3. Submit to the Chairman of the County-level People's Committee for the establishment of the Science and Technology Council in accordance with the Law on Science and Technology and the guidelines of the Ministry of Science and Technology, and serve as the permanent office of the County-level People's Committee's Science and Technology Council.

4. Implement consolidated legal documents, planning schemes, plans, administrative reform tasks in the field of science and technology after their issuance and approval; provide information, promote, and guide legal documents, mechanisms, policies, professional knowledge, and business practices in the field of science and technology; establish information and statistical systems on science and technology at the local level according to the guidance of the Department of Science and Technology.

5. Develop creative labor movements, disseminate and select scientific and technological advancements, research results, technological development outcomes, inventions, initiatives, technical improvements, and production rationalization for application at the local level; organize the implementation of scientific and technological services within the jurisdiction.

6. Manage standardization, measurement, and quality activities in accordance with the provisions of the law and the guidance of the Department of Science and Technology.

7. Organize inspections, audits, and handle violations by organizations and individuals in complying with policies and laws on science and technology within the jurisdiction according to the provisions of the law.

8. Assist the People's Committee of the district in managing state-owned economic organizations, private enterprises, and guide and inspect the activities of associations and non-governmental organizations operating in the field of science and technology.

9. Report periodically every six months or at any time about the situation of science and technology activities to the Chairman of the People's Committee of the district and the Director of the Department of Science and Technology.

III. ORGANIZATION AND STAFFING

1. The Economic Department or the Industry and Trade Department shall have a Head and not more than three Deputy Heads, including one Leader responsible for the field of science and technology.

The Head shall be accountable to the People's Committee, the Chairman of the People's Committee at the district level, and to the law for all activities of the Department.

The Deputy Heads shall be accountable to the Head and to the law for the assigned tasks.

The appointment of the Head and Deputy Heads shall be decided by the Chairman of the People's Committee of the district based on the position standards for the leadership of the Economic Department or the Industry and Trade Department issued by the Provincial People's Committee and in accordance with the law. The removal, commendation, disciplinary action, and other policy benefits for the Head and Deputy Heads shall be carried out according to the law.

2. The Chairman of the People's Committee of the district shall decide the number of dedicated staff positions for managing science and technology within the total administrative staffing quota allocated by the Provincial People's Committee, with a minimum of one to two people, based on the nature, characteristics, and requirements of the locality.

Part III

IMPLEMENTATION

1. This Circular takes effect fifteen days from the date of publication in the Official Gazette and replaces Circular Jointly Issued No. 15/2003/TTLT-BKHCN-BNV dated July 15, 2003, jointly issued by the Ministry of Science and Technology and the Ministry of Home Affairs guiding the functions, responsibilities, authorities, and organizational structure of specialized agencies assisting the People's Committee in managing state affairs in the field of science and technology at the local level.

2. Provincial People's Committees and centrally governed city People's Committees:

a) Specify the functions, responsibilities, authorities, and organizational structure of the Department of Science and Technology; guide the People's Committee of the district to specify the responsibilities, authorities, and organization of the Industry and Trade Department or the Economic Department in the field of science and technology;
b) Based on the characteristics and socio-economic development situation of the locality, decide on the establishment, merger, dissolution, division, reorganization of specialized and professional organizations, Inspection Units, and affiliated public institutions under the Department of Science and Technology according to the approved planning and guidance provided in this Circular Jointly Issued.

3. The Chairmen of the People's Committees of provinces and centrally-administered cities are responsible for organizing and implementing this Circular Jointly Issued.

During the implementation process, if there are emerging issues or difficulties, the provinces and centrally-administered cities shall promptly report them to the Ministry of Science and Technology and the Ministry of Home Affairs for consideration and resolution within their authority.