Joint Circular No. 15/2003/TTLT/BKHCN-BNV guiding the functions, tasks, powers, and organizational structure of specialized agencies assisting People's Committees in managing state affairs related to science and technology at local levels.

CIRCULAR JOINT CIRCULAR

||| Guidelines for functions, tasks, authorities, and organizational structure of specialized agencies assisting the People's Committee in state management of science and technology at the local level|||

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||| Pursuant to Decree No. 54/2003/NĐ-CP dated May 19, 2003 of the Government on the functions, tasks, authorities, and organizational structure of the Ministry of Science and Technology;

Based on Decree No. 171/2004/NĐ-CP dated September 29, 2004 of the Government stipulating the organization of specialized agencies under provincial People's Committees and Decree No. 172/2004/NĐ-CP dated September 29, 2004 of the Government stipulating the organization of specialized agencies under district, town, city, and provincial-level People's Committees;

||| Pursuant to Decision No. 45/2003/QĐ-TTg dated April 2, 2003 of the Prime Minister on the establishment of the Department of Natural Resources and Environment, renaming the Department of Science, Technology, and Environment to the Department of Science and Technology under the People's Committee of provinces and centrally governed cities;

||| The Ministry of Science and Technology and the Ministry of Home Affairs provide guidelines for the functions, tasks, authorities, and organizational structure of specialized agencies assisting the People's Committee in state management of science and technology at the local level as follows:

||| I. DEPARTMENT OF SCIENCE AND TECHNOLOGY

1. Position and Functions

||| The Department of Science and Technology is a specialized agency under the People's Committee of provinces and centrally governed cities (hereinafter referred to as province) assisting the provincial People's Committee in performing state management functions over scientific and technological activities, developing scientific and technological potential across all economic and social sectors; product measurement standards and quality; intellectual property rights (excluding copyright in literature and art and trademarks); radiation and nuclear safety within the province in accordance with the law.

||| The Department of Science and Technology is subject to organizational, staffing, and operational management by the provincial People's Committee, while also being subject to professional guidance, direction, and supervision by the Ministry of Science and Technology.

2. Tasks and Authorities

||| 2.1. Submit to the provincial People's Committee for issuance of decisions and directives on management and activities related to science and technology, development of scientific and technological potential, product measurement standards and quality, intellectual property rights, and radiation and nuclear safety within the province in accordance with the law;

||| 2.2. Develop and submit to the provincial People's Committee for decision-making on planning, five-year plans, annual plans, and tasks related to science and technology, development of scientific and technological potential, product measurement standards and quality, intellectual property rights, and radiation and nuclear safety that are consistent with the socio-economic development orientation of the locality;

||| 2.3. Organize, direct, and guide the implementation of regulatory documents and plans, tasks mentioned in Point 2.2, Clause 2, Section I after approval; monitor, inspect, organize evaluations of the implementation of these regulatory documents, plans, and tasks; promote and disseminate legal education on scientific and technological activities, development of scientific and technological potential, product measurement standards and quality, intellectual property rights, and radiation and nuclear safety;

||| 2.4. On scientific and technological activities

||| a) Develop and submit to the provincial People's Committee measures to promote scientific research and technological development, technology transfer, market development for science and technology, and application of technical progress in production and daily life;

||| b) Organize the selection and approval of individuals and organizations responsible for implementing scientific and technological tasks. Monitor, inspect implementation, organize evaluation and acceptance, and publicize the results of scientific research and technological development;

||| c) Guide local institutions, departments, and scientific and technological organizations on scientific and technological activities; cooperate with local institutions, departments, and scientific and technological organizations to build and propose national-level scientific and technological tasks with inter-sectoral and regional relevance to serve socio-economic development of the locality and aggregate for review by competent authorities;

||| d) Manage evaluation, certification, inspection, consulting, and technology transfer activities within the province in accordance with the law; evaluate and inspect technology for investment projects within the province according to the delegation of authority; monitor, aggregate, and guide the assessment of technological levels of economic organizations within the province; organize the assessment of the technological level of the province;

||| đ) Issue registration certificates and inspect the activities of research and development organizations and scientific and technological service organizations belonging to various economic components within the province in accordance with the law;

||| e) Submit to the provincial People's Committee for issuance of mechanisms and policies to encourage domestic and foreign organizations and individuals to widely apply scientific and technological achievements in the locality and decide to support economic organizations and individuals in applying new technologies and techniques in production and daily life;

||| g) Coordinate with the Department of Finance and Price Control, the Department of Planning and Investment to develop and submit to the provincial People's Committee for approval the annual budget estimates for the field of science and technology in the province and districts, towns, and cities under the province in line with the socio-economic development situation and the characteristics of scientific and technological activities in the locality in accordance with the law and guidance from functional agencies; decide to establish and define the management mechanism of the Provincial Science and Technology Development Fund in accordance with the law;

||| h) Coordinate with provincial departments and agencies to develop and submit to the provincial People's Committee for approval programs, planning, development policies, and effective management and utilization of the province's scientific and technological potential, including: encouraging and attracting scientific and technological human resources; annual training and capacity building for scientific and technological cadres; building and organizing the operation of laboratories according to the Department's functions; investing in material infrastructure and equipment for scientific and technological activities; scientific and technological information and data;

||| i) Submit to the Chairman of the provincial People's Committee for establishment of advisory councils in accordance with the Law on Science and Technology; perform the duties of the Standing Office of the Provincial Science and Technology Council.

||| 2.5. On product measurement standards and quality

a) Guide the application of Vietnamese standards, industry standards, foreign standards, international standards, and mandatory standards according to state management requirements for organizations and individuals engaged in production, business, and services within the province. Guide the establishment and implementation of basic standards;

b) Organize and manage a network of calibration and verification facilities for measuring instruments that meet provincial requirements. Implement calibration and verification of measuring instruments in recognized fields and scopes;

c) Organize, manage, and guide the announcement of product quality standards and the announcement of goods that comply with standards according to the division of responsibilities and levels assigned by competent state agencies;

d) Coordinate with inspection and evaluation agencies regarding product and commodity quality on the provincial territory;

2.6. On intellectual property rights (excluding copyright in literature and art and trademarks)

a) Organize the implementation of measures to develop intellectual property activities, promote labor innovation movements, and encourage technical improvements and rationalization in production. Monitor, compile, and disseminate information about technological advancements and innovations by organizations and individuals within the province;

b) Organize the implementation of measures to protect the legitimate rights and interests of the state, organizations, and individuals in the field of intellectual property on the provincial territory in accordance with the law;

2.7. On radiation and nuclear safety

a) Organize the assessment of radiation safety and issue permits for the use of X-ray equipment in medical applications in accordance with the law;

b) Direct, inspect, and organize the declaration, statistics, and periodic reporting of radioactive sources, radiation equipment, radioactive waste, and radiation activities in the locality in accordance with the law;

c) Develop plans for preventing, responding to, and mitigating radiation and nuclear accidents in the locality. Guide radiation and nuclear facilities in developing and implementing plans for preventing, responding to, and mitigating the consequences of radiation and nuclear accidents;

2.8. Assist the Provincial People's Committee in directing and guiding district, town, city, and provincial-level municipal people's committees in managing state affairs related to science and technology, product standardization, measurement, quality, intellectual property, and radiation and nuclear safety;

2.9. Conduct inspections and investigations into the enforcement of laws, resolve disputes, complaints, and accusations, and handle violations of laws concerning science and technology, product standardization, measurement, quality, intellectual property, and radiation and nuclear safety in accordance with the law;

2.10. Implement international cooperation in the areas under the Department's jurisdiction in accordance with the law;

2.11. Conduct scientific and technological statistics in the province in accordance with regulations set by the Ministry of Science and Technology;

2.12. Assist the Chairman of the Provincial People's Committee in managing non-governmental organizations' activities in the areas under the Department's jurisdiction in accordance with the law;

2.13. Regularly report semi-annually and annually, and submit special reports on the management and operation of science and technology to the Chairman of the Provincial People's Committee and the Minister of Science and Technology;

2.14. Manage the organization, cadres, civil servants, public officials, and employees of the Department in accordance with the law and the delegation of the Provincial People's Committee;

2.15. Manage the financial resources and assets of the Department in accordance with the delegation of the Provincial People's Committee and the law;

2.16. Perform other tasks as delegated by the Provincial People's Committee;

3. Organizational structure and staffing

3.1. Department Leadership

The Department of Science and Technology has a Director and not more than three Deputy Directors. The Director is the head of the Department and is responsible to the Provincial People's Committee for all Department activities. Deputy Directors assist the Director in overseeing one or several aspects of work and are accountable to the Director for their assigned tasks;

The appointment, dismissal, and resignation of the Director and Deputy Directors of the Department are decided by the Chairman of the Provincial People's Committee based on job qualifications and procedures prescribed by the Party and State;

Rewards and disciplinary actions for the Director and Deputy Directors of the Department are carried out in accordance with the law;

3.2. Organizations assisting the Director of the Department include:

Office;

Inspectorate;

Standardization, Measurement, and Quality Control Bureau;

Specialized and professional departments.

Based on the workload and specific characteristics of local science and technology work, the Director of the Department of Science and Technology, in collaboration with the Head of the Provincial Civil Service Organization Board, will propose to the Provincial People's Committee to decide on the number of specialized and functional departments, but not exceeding three. For central cities, this limit is five specialized and functional departments;

3.3. Public service units:

Information and Science and Technology Center;

Center for Applying Scientific and Technological Advances;

Other public service units;

The Chairman of the Provincial People's Committee decides to establish other public service units subordinate to the Department in accordance with the law;

The Director of the Department of Science and Technology shall detail the functions, tasks, and authorities of subordinate units;

3.4. Staffing of the Department

Based on the workload and specific characteristics of local science and technology work, the Director of the Department of Science and Technology, in collaboration with the Head of the Provincial Civil Service Organization Board, will propose to the Chairman of the Provincial People's Committee to determine the staffing level of the Department;

The allocation of cadres, civil servants, and public officials in the Department must be based on job titles and national civil servant and public official grade standards as stipulated by the law;

II. SPECIALIZED AGENCIES ASSISTING THE PEOPLE'S COMMITTEES OF COUNTIES, DISTRICTS, TOWNS, AND PROVINCE-GOVERNED CITIES IN MANAGING STATE AFFAIRS ON SCIENCE AND TECHNOLOGY

1. Tasks

1.1. Organize the dissemination and implementation of legal documents, state mechanisms, and policies on science and technology activities, product standardization, measurement, quality, intellectual property, and radiation and nuclear safety within the county, district, town, and province-governed city (hereinafter referred to as the county);

1.2. Disseminate, promote, and organize the application of scientific and technological advancements locally, build and develop labor innovation movements, encourage technical improvements and innovations in production and daily life, and popularize scientific and technological knowledge within the county;

1.3. Develop a scientific and technological activity plan to be submitted to the competent authority for approval; select scientific and technological advancements, research results, and technical improvement initiatives suitable for application in production and daily life according to the conditions of the district;

1.4. Coordinate with specialized organizations and agencies to organize the provision of scientific and technological services to meet the needs for production development and improve the living standards of the people within the district;

1.5. Manage standardization, measurement, and quality control activities in accordance with the provisions of the law and guidance from the Department of Science and Technology;

1.6. Propose to the Chairman of the People's Committee of the district to establish advisory councils in accordance with the guidance of the Department of Science and Technology; perform the duties of the Standing Committee of the District Science and Technology Council;

1.7. Conduct statistics and provide information on science and technology in accordance with the guidance of the Department of Science and Technology;

1.8. Coordinate with the Inspectorate of the Department of Science and Technology to inspect organizations and individuals regarding compliance with policies and laws on science and technology, product standards and measurements, intellectual property, radiation and nuclear safety within the district;

1.9. Regularly report every six months and annually, as well as ad hoc reports on 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;

专门负责协助区级人民委员会管理建设行业的职能部门应配备专业人员编制，指定部门负责人或副负责人负责建设管理工作；

Based on the characteristics and circumstances of the locality, the Director of the Department of Science and Technology shall take the lead in coordinating with the Head of the Civil Service Organization Board of the provincial government to develop a proposal to submit to the Provincial People's Committee for decision on the organizational form of the specialized agency in accordance with the law and staffing of dedicated civil servants to carry out state management functions in science and technology within the district;

III. IMPLEMENTATION PROVISIONS

This Circular replaces Circular Joint No. 05/TTLT-BKHCNMT TCCBCP dated March 7, 2002, issued by the then Ministry of Science, Technology and Environment (now the Ministry of Science and Technology) and the then Civil Service Bureau of the Government (now the Ministry of Home Affairs), and shall take effect fifteen days after its publication in the Official Gazette;

The Chairman of the Provincial People's Committee shall base this Circular to specifically define the functions, tasks, authorities, and organizational structure and staffing of the Department of Science and Technology and the district-level science and technology management agency;

During implementation, any arising issues or difficulties should be promptly reported to the Ministry of Science and Technology and the Ministry of Home Affairs for study and resolution.