Decree No. 159/2004/NĐ-CP On Scientific and Technological Information Activities

DECREE

On scientific and technological information activities

___________________

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Law on Science and Technology dated June 9, 2000;

Pursuant to the Press Law dated December 28, 1989 and the Law Amending and Supplementing Certain Provisions of the Press Law dated June 12, 1999;

At the proposal of the Minister of Science and Technology,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope and Objects Regulated

This Decree stipulates the scientific and technological information activities of the following subjects:

1. Organizations and individuals of Vietnam engaged in scientific and technological information activities on the territory of the Socialist Republic of Vietnam.

2. Foreign organizations and individuals, overseas Vietnamese persons engaged in scientific and technological information activities on the territory of the Socialist Republic of Vietnam.

In case international treaties to which the Socialist Republic of Vietnam has acceded provide different provisions from this Decree, such provisions shall be applied according to the provisions of the international treaties.

Article 2. Interpretation of Terms

2. Self-generated and self-consumed electricity is electricity produced and consumed by an organization or individual to serve their own needs.

1. "Scientific and technological information" refers to data, statistics, facts, news, scientific and technological knowledge (including natural sciences, technology, social sciences, and humanities) created, managed, and used for the purpose of providing public services, serving state management, or meeting the needs of organizations and individuals in society.

2. "Scientific and technological information activities" refer to professional activities related to searching, collecting, processing, storing, disseminating scientific and technological information; other activities directly related and serving scientific and technological information activities.

3. "Document" refers to material forms recording information in textual, audio, graphic, image, film, video formats for the purposes of preservation, dissemination, and utilization.

4. "Carrier of information" refers to physical means used to store information including paper, film, magnetic tape, optical disc, and other carriers of information.

5. "Source of scientific and technological information" includes books, newspapers, magazines, databases, conference papers, scientific seminars, reports on the results of scientific and technological tasks, intellectual property documents, standardization, measurement, quality documents, postgraduate dissertations, and other sources of information collected by organizations and individuals.

6. "Scientific and technological information service organization" refers to a public service unit established by state agencies or organizations and individuals in accordance with the law to provide scientific and technological information services.

Article 3. Contents of scientific and technological information activities

1. Activities to collect and process data, facts, news, knowledge to establish sources of scientific and technological information.

2. Management and storage of sources of scientific and technological information.

3. Provision of scientific and technological information products and services based on service contracts with organizations and individuals.

4. Provision of information as evidence for building forecasts on the development situation of science and technology, serving the formulation of policies and management of science and technology by Party agencies and state management agencies.

5. Provision and exchange of free information in accordance with the State's policy and guidelines to promote the dissemination of knowledge or to cooperate in the development of science and technology.

6. Development and implementation of programs and plans for scientific and technological information activities; guidance and inspection of professional activities in scientific and technological information.

7. Guidance, training, and professional development in scientific and technological information activities.

8. Development of comprehensive and specialized databases and electronic information pages on science and technology; application and development of advanced technologies in scientific and technological information activities.

9. Research and development of technology to serve scientific and technological information activities.

10. Organization of library, conference, seminar, exhibition, trade fair activities on science and technology, technology and equipment markets.

11. International cooperation in scientific and technological information.

12. Other scientific and technological information activities as prescribed by law.

Article 4. General Principles for Scientific and Technological Information Activities

1. Ensuring accuracy, honesty, objectivity, completeness, and timeliness in scientific and technological information activities; ensuring the quality and quantity of scientific and technological information products and services according to the requirements of organizations and individuals.

2. Ensuring effective exploitation, utilization, and management of scientific and technological information to serve state administration, economic and social development, national construction, and defense.

3. Ensuring access rights to scientific and technological information created with state budget funds for organizations and individuals in accordance with legal provisions.

4. Maintaining confidentiality of scientific and technological information listed in the state secrets directory or requested by organizations and individuals in accordance with legal provisions.

5. Closely combining scientific and technological information business activities with library, archive, statistical, and other mass information activities.

Article 5. Encouragement of Scientific and Technological Information Activities

1. The State encourages and supports scientific and technological information activities to implement key science and technology tasks, develop high technologies; strategies, plans for economic and social development; national target programs; security, defense, foreign affairs tasks, and other state management tasks.

2. The State encourages and supports scientific and technological information activities aimed at disseminating scientific and technological knowledge to workers, remote area residents; creating conditions for organizations and individuals to easily access scientific and technological information to enhance awareness and self-improve scientific and technological qualifications.

3. The State encourages scientific and technological information activities, especially through service contracts to serve advisory, technology transfer, innovation, purchase and sale of scientific and technological products, and other activities to promote the development of the scientific and technological market.

Article 6. Prohibited Acts in Scientific and Technological Information Activities

1. Exploiting scientific and technological information activities to distort, oppose the policies of the Communist Party of Vietnam, laws of the Socialist Republic of Vietnam, undermine the unity of the people.

2. Exploiting scientific and technological information activities to infringe upon the interests of the State, rights and legitimate interests of organizations and individuals, cause damage to the environment, human health, violate morals, and traditional customs of the nation.

3. Infringing upon intellectual property rights, illegally transferring information and materials on the results of scientific and technological activities.

4. Distorting scientific and technological information, creating false scientific and technological information; disclosing scientific and technological information listed in the state secrets directory.

5. Obstructing lawful scientific and technological information activities of organizations and individuals.

Chapter II

ORGANIZATIONS AND INDIVIDUALS ENGAGED IN

SCIENTIFIC AND TECHNOLOGICAL INFORMATION ACTIVITIES

Section 1

SERVICE ORGANIZATIONS

SCIENTIFIC AND TECHNOLOGICAL INFORMATION ACTIVITIES

Article 7. Scientific and Technological Information Service Organizations

1. Public scientific and technological information service organizations, including:

a) National Science and Technology Information Center;

b) Scientific and technological information service organizations of Ministries, agencies equivalent to Ministries, government agencies, and other central state agencies;

c) Scientific and technological information service organizations of specialized agencies under provincial people's committees and municipal people's committees directly under the Central Government;

d) Other state scientific and technological information service organizations;

đ) Scientific and technological information service organizations of Party agencies, central agencies of mass organizations.

The Ministry of Science and Technology shall take the lead and coordinate with the Ministry of Home Affairs to provide specific guidance on the duties and powers of scientific and technological information service organizations specified in points b, c, d, đ, Clause 1 of this Article.

2. Scientific and technological information service organizations established by associations, non-governmental organizations, enterprises, individuals with business registration, and other organizations.

Article 8. National Science and Technology Information Center

1. The National Science and Technology Information Center, under the Ministry of Science and Technology, serves as the central node connecting the network of science and technology information service organizations.

2. The National Science and Technology Information Center performs the functions of providing information, disseminating, and promoting science and technology; organizing activities and managing the Vietnam Technology and Equipment Market, the Central Library on Science and Technology, the national science and technology information network; registering officially documents, results of implementing programs, topics, projects, research and development science and technology programs, basic state-level surveys, and ministry-level surveys.

3. The Minister of Science and Technology shall specify the organization, tasks, powers, and relationships of the National Science and Technology Information Center with science and technology information service organizations, organizations, and individuals participating in science and technology information activities.

Article 9. Conditions for establishment, registration of operations, merger, division, or dissolution of science and technology information service organizations

The conditions for establishing, registering operations, merging, dividing, or dissolving science and technology information organizations are stipulated in Articles 4, 5, 6, 7, and 8 of Decree No. 81/2002/NĐ-CP dated October 17, 2002, of the Government detailing the implementation of certain provisions of the Law on Science and Technology applicable to science and technology service organizations.

Article 10. Rights of science and technology information service organizations 1. Conducting specialized and professional activities within the scope of science and technology information activities; hiring experts and collaborators to collect and process science and technology information.

2. Signing service contracts to conduct other forms of exploitation and use of science and technology information in accordance with the law.

3. Offering training and vocational upgrading courses aimed at developing human resources in science and technology information.

4. Cooperating and linking with domestic organizations and individuals, foreign organizations and individuals, and international organizations to carry out science and technology information activities in compliance with the law; participating in the activities of domestic and foreign social-professional organizations related to the field of science and technology information.

5. Publishing research results on science and technology information in accordance with the law; being protected by intellectual property rights; transferring the outcomes of science and technology information activities.

6. Building and developing scientific and technological database systems, electronic information websites, and electronic communication portals in various sectors and localities; connecting and exploiting services on the national science and technology information network based on registration (through contracts or free of charge) with the National Science and Technology Information Center.

7. Using financial support, donations, and gifts from domestic and foreign organizations and individuals to implement science and technology information activities.

8. Collecting and using revenues to offset costs from science and technology information service activities.

9. Operating autonomously in planning, finance, and organizational staffing in accordance with the law.

10. Other rights as prescribed by law.

10. Other rights as provided for by law.

Article 11. Obligations of organizations providing scientific and technological information services

1. Carry out extensive propaganda and dissemination of scientific and technological knowledge to all strata of the population with the aim of enhancing literacy, forming habits of using scientific and technological information in production and daily life.

2. Fulfill scientific and technological information service contracts fully and accurately as agreed upon.

3. Utilize investment funds for scientific and technological information activities effectively.

4. Protect state secrets and confidential information of organizations and individuals exploiting and utilizing scientific and technological information services (except where the customer consents or otherwise provided by law).

5. Ensure the rights and legitimate interests of organizations and individuals in accessing information on scientific and technological achievements and knowledge; ensure the quality of scientific and technological information services.

6. Not violate prohibitions stipulated in Article 6 of this Decree.

7. Implement democracy, equality, and transparency in the allocation and execution of scientific and technological information tasks funded by the state budget.

8. Promote the application of information technology and communication, particularly the Internet and digital technologies, in scientific and technological information activities; develop integrated data centers and electronic libraries on science and technology.

9. Perform tasks assigned by competent authorities and other obligations as prescribed by law.

Section 2

ORGANIZATIONS AND INDIVIDUALS PARTICIPATING IN ACTIVITIES

SCIENTIFIC AND TECHNOLOGICAL INFORMATION ACTIVITIES

Article 12. Organizations and individuals participating in scientific and technological information activities

1. Organizations participating in scientific and technological information activities are legal entities, including state agencies, public institutions, enterprises, associations, non-governmental organizations, and other organizations with functions to implement certain contents of scientific and technological information activities.

2. Individuals participating in scientific and technological information activities include:

a) Individuals who have registered business operations or consultancy practices, which allow them to organize the provision of scientific and technological information services according to this Decree;

b) Civil servants, officials, employees performing scientific and technological information tasks according to their professional duties assigned by competent authorities.

Article 13. Rights and obligations of organizations and individuals participating in scientific and technological information activities

1. Organizations and individuals who have registered business operations or consultancy practices as specified in Clause 1 and Point a, Clause 2, Article 12 of this Decree, when participating in scientific and technological information activities shall have the following rights and obligations:

a) Place orders, sign economic contracts, service contracts, and fulfill all rights and obligations of customers; access and exchange information with organizations providing scientific and technological information services and other organizations and individuals participating in scientific and technological information activities;

b) Hire experts or organize the collection and processing of results from scientific and technological information activities to serve professional and other activities as prescribed by law;

c) Establish independently or jointly with other organizations and individuals to determine tasks for scientific and technological information activities for the organization they establish; manage and be responsible for the operation of the organization providing scientific and technological information services according to the provisions of law.

2. Civil servants, officials, employees participating in scientific and technological information activities as specified in Point b, Clause 2, Article 12, when performing their professional duties shall have the following rights and obligations:

a) Request organizations and individuals requiring scientific and technological information to provide complete, accurate, and specific requirements regarding the content, volume, quality, and time for products and services of scientific and technological information;

b) Fulfill scientific and technological information tasks assigned by competent authorities and organizations and signed service contracts within their scope of responsibility;

c) Participate in research and propose scientific initiatives and technological solutions to improve and perfect professional methods in scientific and technological information activities; be protected under intellectual property laws for the results of their scientific and technological information activities;

d) Be guaranteed legitimate rights and benefits for civil servants, officials, employees during the performance of scientific and technological information tasks;

đ) Protect state secrets and those of organizations and individuals while conducting scientific and technological information activities;

e) Not violate prohibitions stipulated in Article 6 of this Decree;

g) Other rights and obligations as prescribed by law.

Chapter III

SCIENTIFIC AND TECHNOLOGICAL INFORMATION ACTIVITIES

Section 1

ESTABLISHING AND MANAGING SOURCES OF SCIENTIFIC AND TECHNOLOGICAL INFORMATION

Article 14. Strengthening the Collection and Exchange of Foreign Scientific and Technological Information Sources

1. Public scientific and technological information service organizations must select and supplement foreign scientific and technological information sources that are suitable for the country's priority development directions.

2. Coordinate and harmonize in supplementing foreign scientific and technological information sources to avoid duplication and enhance the efficiency of exploitation and utilization.

3. The Ministry of Science and Technology shall specify the cooperation in supplementing and exploiting and utilizing foreign scientific and technological information sources established with state budget funds.

Article 15. Collecting and Managing Information on Domestic Scientific and Technological Tasks

1. Public scientific and technological information service organizations shall carry out the collection, database construction, and provision of information on domestic scientific and technological tasks that have been and are being implemented.

2. The Ministry of Science and Technology shall specify the specific responsibilities and authorities of organizations in managing information on domestic scientific and technological tasks.

Article 16. Registration, Donation, and Preservation of Results from Implementing Scientific and Technological Tasks

1. All results from implementing scientific and technological tasks using part or all of the state budget funds, including programs, topics, projects, basic research tasks, must be registered and preserved at the competent state agency responsible for registering and preserving the results of implementing scientific and technological tasks.

2. Encourage registration, donation, and preservation of results from implementing scientific and technological tasks not using state budget funds.

3. The competent state agency for registering and preserving the results of implementing scientific and technological tasks is the National Science and Technology Information Center and other competent agencies under ministries, sectors, and localities.

4. The Ministry of Science and Technology shall specify the specific duties, authorities, and procedures for registering, donating, preserving, and using the results of implementing scientific and technological tasks.

Article 17. Collection and Management of Postgraduate Theses

1. Vietnamese citizens and foreign citizens defending a doctoral degree in Vietnam must submit one copy of the thesis along with one summary before the formal defense to the National Science and Technology Information Center.

2. Vietnamese citizens defending a Doctor of Science degree or a doctoral degree abroad, upon returning to the country, must submit one copy of the thesis along with one summary to the National Science and Technology Information Center.

3. Vietnamese citizens and foreign citizens defending a master's degree in Vietnam must submit one copy of the thesis along with one summary before the formal defense to the scientific and technological information agency or library of the training institution. Vietnamese citizens defending a Master of Science degree abroad, upon returning to the country, must submit one copy of the thesis along with one summary to the scientific and technological information agency or library where they were sent for training.

Section 2

SCIENTIFIC AND TECHNOLOGICAL INFORMATION SERVICES

Article 18. Scientific and Technological Information Services

1. Scientific and technological information services are a type of scientific and technological service including public interest information services and fee-based information services. Public interest information services are provided free of charge or at a low cost supported partially by the state budget. Fee-based information services are provided according to the requirements of organizations and individuals through contracts for scientific and technological information services.

2. Scientific and technological information services are conducted in the following forms:

a) Dissemination of selected information;

b) Provision of analytical and synthesized information materials on scientific and technological topics;

c) Provision of copies and translations of scientific and technological documents and data;

d) Searching and providing scientific and technological information online;

đ) Organizing exhibitions, technology and equipment markets;

e) Other forms of services prescribed by law.

Article 19. Information Science and Technology Service Contracts

1. Information science and technology service contracts may be concluded in writing or through electronic certificates.

2. Information science and technology service contracts must include the following main contents:

a) The name, address, account number of the parties to the contract;

b) The name of the information science and technology service contract; products of the contract;

c) Location, duration, method of performing the contract;

d) Rights and obligations of the parties to the contract;

đ) Value and payment method of the contract;

e) Liability for breach of contract and dispute resolution.

Article 20. Rights and Obligations of the Ordering Party for Service Provision

1. Utilize and transfer the results of the information science and technology service contract according to the agreement in the contract.

2. Provide necessary information for the performance of the contract.

3. Fully pay the material costs to the service provider party according to the agreement in the contract.

Article 21. Rights and Obligations of the Service Provider Party

1. Request the ordering party to provide information and other conditions agreed upon to perform the contract.

2. Receive funding from the ordering party to perform the contract.

3. Deliver products in accordance with the provisions of the contract.

Article 22. Benefits of Information Science and Technology Service Brokers

Information science and technology service brokers are entitled to remuneration according to the agreement but not exceeding 10% of the contract payment value. The specific amount and responsibility for paying this remuneration are agreed upon by the parties.

Article 23. Dispute Resolution for Contracts

Disputes over information science and technology service contracts shall first be resolved through mediation and agreement between the parties. In cases where the parties cannot resolve the disputes themselves, they shall be resolved by the court if there is no agreement on arbitration.

Chapter IV

MEASURES TO ENSURE DEVELOPMENT

INFORMATION SCIENCE AND TECHNOLOGY ACTIVITIES

Article 24. Financial Mechanism

1. The state budget annually allocates funds for supporting the development of information science and technology activities including scientific and technological business expenses and development investment capital.

2. Scientific and technological business expenses supporting the development of information science and technology activities are prioritized for the following purposes:

a) Establishing and developing scientific and technological information sources;

b) Organizing the provision of scientific and technological information to serve leadership of the Party and state management; promoting and disseminating scientific and technological achievements and knowledge to serve economic and social development in mountainous areas, remote regions.

3. Encourage units to strengthen revenue from information science and technology service activities and other scientific and technological transactions.

4. Diversify non-state budget financial sources for investment in information science and technology activities.

Article 25. Construction of Material and Technical Infrastructure

Ministries, sectors, and localities have plans to invest in building and upgrading material and technical infrastructure towards modernization for their information science and technology service organizations.

Article 26. Training, Development, and Utilization of Human Resources

1. The plan for training information science and technology human resources is part of the plan for training scientific and technological human resources.

2. Organizations and individuals using information science and technology human resources are responsible for arranging and utilizing their capabilities and specialties appropriately, and creating favorable conditions for them to improve their qualifications and fully utilize their professional skills in performing assigned tasks.

Article 27. Tax Policy, Credit, Postal Rates, and Telecommunication Charges for Scientific and Technological Information Services

1. Organizations providing scientific and technological information services shall enjoy tax and credit incentives as prescribed by the State for scientific and technological activities.

2. Documents, books, magazines, and electronic materials directly serving scientific and technological activities upon importation shall be exempt from import taxes and value-added taxes.

3. The State shall have policies to support postal rates and telecommunication charges for scientific and technological information activities, particularly those serving economic and social development in mountainous areas, remote regions, and far-flung areas.

Article 28. International Cooperation in Scientific and Technological Information Activities

1. Organizations and individuals engaged in scientific and technological information activities shall expand international exchanges, cooperation, joint ventures, and linkages in scientific and technological information, participate in conferences, seminars, regional and international scientific and technological information networks, associations, and organizations in accordance with the laws of the Socialist Republic of Vietnam.

2. The State shall create conditions for organizations and individuals engaged in scientific and technological information activities to intensify the collection and dissemination of scientific and technological information through Vietnamese representative offices abroad; strengthen networking and exchange of scientific and technological information regionally and internationally.

Chapter V

STATE MANAGEMENT OF ACTIVITIES

SCIENTIFIC AND TECHNOLOGICAL INFORMATION ACTIVITIES

Article 29. Authority and Responsibilities of the Ministry of Science and Technology

1. The Ministry of Science and Technology shall assist the Government in uniformly managing state activities related to scientific and technological information throughout the country; organize the implementation of certain public services related to scientific and technological information.

2. The Ministry of Science and Technology shall have the following tasks and powers:

a) To draft and submit to competent authorities for issuance or issue according to its authority, and direct the implementation of legal normative documents related to scientific and technological information activities;

b) To draft and submit to competent authorities for approval or approve according to its authority, and direct the implementation of strategies, policies, planning, and plans for the development and modernization of the national scientific and technological information system;

c) To issue, guide, and supervise the implementation of procedures, regulations, standards, and economic-technical norms concerning scientific and technological information activities;

d) To lead and coordinate with ministries, sectors, and localities in evaluating the effectiveness of scientific and technological information activities as well as the effectiveness of state budget investment in such activities; direct the development and exchange of scientific and technological information resources, and the application of information technology in scientific and technological information activities nationwide;

đ) To direct the organization of construction and management of the Vietnam Technology and Equipment Market; implement registration and preservation of results of scientific and technological tasks; collect and manage postgraduate dissertations;

e) To direct the application of information technology and other advanced technologies in developing scientific and technological information resources; organize the management of the national scientific and technological information network, and link with domestic, regional, and international scientific and technological information networks;

g) To direct, manage, and organize the implementation of research and technological development activities serving scientific and technological information activities;

h) To direct, manage, and organize training and professional upgrading for staff involved in scientific and technological information activities;

i) To direct, manage, and organize the implementation of international cooperation activities on scientific and technological information in accordance with the law;

k) To inspect, resolve complaints and denunciations, and handle violations of the law regarding scientific and technological information activities in accordance with the law;

l) To organize the publication of official publications on science and technology in Vietnam annually and other publications on science and technology; publish lists and results of domestic scientific and technological tasks.

Article 30. Competence and Responsibilities of Ministries, Ministerial-Level Agencies, and Government Agencies

1. The Ministry of Finance shall take the lead and coordinate with the Ministry of Science and Technology and relevant ministries to balance the budget for scientific and technological information activities in accordance with the current provisions of the State Budget Law.

2. The Ministry of Planning and Investment shall take the lead and coordinate with the Ministry of Science and Technology, relevant ministries and sectors, and provincial people's committees under the central government to develop plans for investment in the construction of material and technical infrastructure for public organizations providing scientific and technological information services.

3. The Ministry of Education and Training shall take the lead and coordinate with the Ministry of Science and Technology and the Ministry of Planning and Investment to develop plans for training scientific and technological information staff at university and postgraduate levels; stipulate the submission of postgraduate dissertations.

4. The Ministry of Home Affairs and the Ministry of Labor, Invalids and Social Affairs shall coordinate with the Ministry of Science and Technology to guide the treatment and policies for officials, civil servants, employees, and workers engaged in scientific and technological information activities.

5. The Ministry of Culture, Sports and Tourism shall coordinate with the Ministry of Science and Technology to manage and enhance the effectiveness of information dissemination and popularization of science and technology.

6. The Ministry of Posts and Telecommunications shall take the lead and coordinate with the Ministry of Finance and the Ministry of Science and Technology to specify preferential rates for postal and telecommunications services for organizations providing scientific and technological information services; ensure broadband for such organizations.

7. Within their respective functions and powers, ministries, ministerial-level agencies, and government agencies shall implement state management and organize the implementation of certain scientific and technological information activities within their assigned sectors and fields.

Article 31. People's Committees at All Levels

People's Committees at all levels shall implement state management over scientific and technological information activities within their local jurisdictions according to their authority.

Based on specific conditions of each locality, the Chairman of the People's Committee shall decide on appropriate forms and methods to effectively organize and implement scientific and technological information activities.

Chapter VI

REWARD, VIOLATION HANDLING AND

SETTLEMENT OF COMPLAINTS AND REPORTS

Article 32. Reward, Violation Handling, and Complaint and Denunciation Resolution

1. Organizations and individuals who have made significant contributions to scientific and technological information activities shall be rewarded and conferred national honorary titles in accordance with the law.

2. Organizations and individuals violating laws on organization and operation of scientific and technological information activities shall be subject to handling according to the nature and degree of violation as prescribed by law.

3. Organizations and individuals have the right to file complaints; individuals have the right to denounce to competent state agencies regarding violations of law in scientific and technological information activities. The procedures for complaint and denunciation and the authority to resolve complaints and denunciations in scientific and technological information activities shall be carried out in accordance with the law on complaints and denunciations.

Chapter VII

IMPLEMENTING PROVISIONS

Article 33. Effective Date

This Decree shall take effect fifteen days after its publication in the Official Gazette. Previous regulations that conflict with this Decree are hereby abolished.

Article 34. Responsibility for Implementation

1. Ministers of the Ministries of Science and Technology, Finance, Planning and Investment, Education and Training, Culture, Sports and Tourism, Home Affairs, Labor, Invalids and Social Affairs, Posts and Telecommunications, shall, within their respective functions, tasks, and powers, be responsible for guiding and implementing this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairmen of provincial people's committees under the central government shall be responsible for implementing this Decree./.