JOINT CIRCULAR

Guidelines on the functions, tasks, powers, and organizational structure of specialized agencies assisting People's Committees in managing state administration in science and technology at local levels

Pursuant to Decree No. 54/2003/NĐ-CP dated May 19, 2003 of the Government stipulating the functions, tasks, powers, 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 hereby issue guidelines on the functions, tasks, powers, and organizational structure of specialized agencies assisting People's Committees in managing state administration in science and technology at local levels 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 People's Committee of the province in performing state management functions over scientific and technological activities, developing scientific and technological potential across all economic and social sectors; product quality standards; intellectual property rights (excluding copyright for literature, 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 People's Committee of the province, while also being directed, guided, and supervised professionally by the Ministry of Science and Technology.

2. Tasks and Authorities

2. 1. To submit to the People's Committee of the province for issuance of decisions and directives on management and activities in science and technology, development of scientific and technological potential, product quality standards, intellectual property rights, and radiation and nuclear safety within the province in accordance with the law;

2. 2. To develop and submit to the People's Committee of the province for decision-making on planning, five-year plans, annual plans, and tasks related to science and technology, development of scientific and technological potential, product quality standards, intellectual property rights, and radiation and nuclear safety that align with the direction of economic and social development of the locality;

2. 3. To organize, direct, and guide the implementation of normative legal documents and plans, tasks mentioned in Point 2.2 Clause 2 Section I after approval; monitor, inspect, and organize evaluations of the implementation of these normative legal documents, plans, and tasks; promote, disseminate, and educate about laws concerning scientific and technological activities, development of scientific and technological potential, product quality standards, intellectual property rights, and radiation and nuclear safety;

2. 4. Regarding scientific and technological activities

a) To develop and submit to the People's Committee of the province 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) To organize the selection and approval of individuals and organizations responsible for implementing scientific and technological tasks. Monitor, inspect, evaluate, and approve the acceptance and publicize the results of scientific research and technological development;

c) To guide local scientific and technological institutions, departments, and organizations on scientific and technological activities; collaborate with these institutions, departments, and organizations to build and propose national-level scientific and technological tasks with inter-sectoral and regional relevance to serve the economic and social development of the locality and consolidate for competent authorities to consider;

d) To manage evaluation, appraisal, inspection, consulting, and technology transfer activities on the provincial territory in accordance with the law; appraise and inspect technology for investment projects within the province according to the division of authority; monitor, compile, and guide the assessment of technological level of economic organizations within the province; organize the assessment of technological level of the province;

đ) To issue registration certificates and inspect the activities of research and development organizations and science and technology service organizations belonging to various economic components within the province in accordance with the law;

e) To submit to the People's Committee of the province for issuance of mechanisms and policies encouraging 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) To coordinate with the Department of Finance and Price Control, the Department of Planning and Investment to develop and submit to the People's Committee of the province for approval the annual budget estimate for the field of science and technology of the province and districts, towns, urban districts, and cities under the province in accordance with the economic and social development situation and the characteristics of scientific and technological activities of the locality in accordance with the law and guidance from functional agencies; to decide on the establishment and define the management mechanism of the Provincial Science and Technology Development Fund in accordance with the law;

h) To coordinate with provincial departments and agencies to develop and submit to the People's Committee of the province for approval programs, planning, development plans, policies, and management mechanisms to effectively utilize the scientific and technological potential of the province, 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 functions of the Department; investing in material infrastructure and equipment for scientific and technological activities; scientific and technological information and reference materials;

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

2. 5. Regarding product quality standards

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 development and implementation of basic standards;

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

c) Organize, manage, and guide the publication of product quality standards and the announcement of goods that comply with standards as assigned and classified by authorized state agencies;

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

2. 6. On intellectual property rights (excluding copyright in literature and art and trademarks);

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

b) Implement measures to protect the legitimate rights and interests of the state, organizations, and individuals in the field of intellectual property within the province as stipulated by 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 as prescribed by law;

b) Direct, inspect, and organize the reporting, statistics, and regular reporting of radioactive sources, radiation equipment, radioactive waste, and radiation activities in the locality as required by law;

c) Develop plans to prevent, control, and mitigate radiation and nuclear accidents in the locality. Guide radiation and nuclear facilities in developing and implementing plans to prevent, control, and mitigate the consequences of radiation accidents;

2. 8. Assist the Provincial People's Committee in directing and guiding district, town, city, and provincial-level city 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. Inspect and supervise 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 as prescribed by law;

2. 10. Implement international cooperation in the areas under the Department's jurisdiction as prescribed by law;

2. 11. Conduct scientific and technological statistics in the province as prescribed by the Ministry of Science and Technology;

2. 12. Assist the Chairman of the Provincial People's Committee in managing state affairs related to the activities of associations and non-governmental organizations in the areas under the Department's jurisdiction as prescribed by law;

2. 13. Regularly report every six months and annually, and submit special reports on the management and activities 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 provisions of the law;

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

3. Organizational structure and staffing;

3. 1. Leadership of the Department;

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 the Department's activities. The Deputy Directors assist the Director in specific areas of work and are responsible to the Director for their assigned tasks;

The appointment, removal, and resignation of the Director and Deputy Directors of the Department are decided by the Chairman of the Provincial People's Committee based on the position criteria 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;

- Inspection;

- Standardization, Measurement, and Quality Control Bureau;

- Specialized and professional departments.

Based on the workload and characteristics of local science and technology work, the Director of the Department of Science and Technology, in conjunction with the Head of the Provincial Civil Service Organization Board, will propose to the Provincial People's Committee to decide on the establishment of specialized departments, but not exceeding three departments. For centrally-administered cities, this number shall not exceed five departments;

3. 3. Public service units:

- Information and Science and Technology Center;

- Center for Application of 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 specifies the detailed functions, duties, and powers of subordinate units;

3. 4. Staffing of the Department;

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

The allocation of cadres, civil servants, and public officials in the Department must be based on the position titles and qualification standards for civil servants and public officials as prescribed by law;

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

1. Tasks

1. 1. Popularize and implement legal documents, state mechanisms, and policies on science and technology activities, product standardization, measurement, quality, intellectual property, and radiation and nuclear safety in counties, districts, towns, and province-governed cities (hereinafter referred to as counties);

1. 2. Promote, disseminate, and organize the application of scientific and technological advancements at the local level, build and develop labor innovation movements, encourage technical improvements and innovations in production and daily life, and popularize scientific and technological knowledge in the county;

1. 3. Develop a science and technology 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 science and technology services to meet the needs for production development and improve the living standards of the people in 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. Submit to the Chairman of the People's Committee of the district for the establishment of advisory councils and guidance from the Department of Science and Technology; perform the duties of the Standing Committee of the district's 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, and at any time if necessary, 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;

2. Organization and staffing

Based on local characteristics and circumstances, the Director of the Department of Science and Technology shall take the lead in coordinating with the Head of the Provincial Civil Service Organization Board to develop a proposal to be submitted to the People's Committee of the province for decision on the organizational form of the specialized agency in accordance with the law and the allocation of dedicated civil servants to perform state management functions in science and technology in the district;

III. IMPLEMENTATION PROVISIONS

This Circular replaces Circular Joint No. 05/TTLT-BKHCNMT TCCBCP dated March 7, 2002, issued by the Ministry of Science, Technology, and Environment (now the Ministry of Science and Technology) and the Government Civil Service Organization Board (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 specify the functions, tasks, powers, and organization 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.