Decree No. 169/2007/NĐ-CP on Mobilizing Scientific and Technological Potential to Serve Public Security Work

DECREE

On Mobilizing Scientific and Technological Potential to Serve Public Security Work

____________________________

THE GOVERNMENT

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

Pursuant to the National Security Law dated December 3, 2004;

Pursuant to the Public Security Law dated November 29, 2005;

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

Considering the proposal of the Minister of Public Security,

DECREE:

PART I

N |||GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree stipulates the mobilization of scientific and technological potential to serve public security work.

2. The mobilization of scientific and technological potential to serve public security work in cases where the State declares a state of emergency is not within the scope of this Decree.

Article 2. Applicability

This Decree applies to agencies, organizations, and Vietnamese citizens; individuals, organizations from foreign countries, and international organizations operating within the territory of Vietnam.

In cases where international treaties to which the Socialist Republic of Vietnam is a party provide different provisions, such treaty provisions shall apply.

Article 3. Objectives of Mobilization

1. To exploit and utilize scientific and technological potential to enhance the effectiveness of public security work; proactively combat various types of crime; promptly address situations posing threats to national security and social order and safety.

2. To strengthen the scientific and technological potential of the People's Public Security, contributing to building the People's Public Security as revolutionary, regular, efficient, and gradually modernized.

3. To effectively utilize state budget investment for scientific and technological activities.

Article 4. Principles of Mobilization

1. The scientific and technological potential of agencies, organizations, and individuals may be considered for mobilization by the State to serve public security work to ensure national security and social order and safety.

2. Mobilization must be decided by agencies and persons with authority as prescribed in Articles 13, 18, 19, and 21 of this Decree, and carried out in accordance with the procedures and formalities stipulated in this Decree.

3. Scientific and technological potential mobilized must be used for the intended purpose and ensure effectiveness.

4. The State guarantees the rights and legitimate interests of organizations and individuals whose scientific and technological potential is mobilized; timely and reasonably compensates organizations and individuals whose scientific and technological potential is mobilized.

5. Agencies, organizations, and individuals mobilized to contribute scientific and technological potential to serve public security work have the responsibility to comply with legal regulations on protecting state secrets.

6. The State encourages and creates favorable conditions for domestic and foreign agencies, organizations, and individuals to voluntarily assist and contribute scientific and technological potential to serve public security work to protect national security and maintain social order and safety.

Article 5. Methods of Mobilization

The mobilization of scientific and technological potential is implemented through the following methods:

1. Compulsory in urgent cases or when there is a threat to national security and social order and safety.

2. Agreement between specialized agencies responsible for safeguarding national security and maintaining social order and safety and other agencies, organizations, and individuals.

3. Voluntary assistance from agencies, organizations, and individuals in supporting specialized agencies responsible for safeguarding national security and maintaining social order and safety.

Article 6. Subjects of Mobilization

The scientific and technological potential mobilized under this Decree includes:

1. Material and technical infrastructure including systems of technical machinery and equipment, communication information systems.

2. Organizations engaged in research and business activities in the field of science and technology.

3. Individuals engaged in scientific and technological activities.

4. Scientific and technological achievements (results of applied scientific research) related to public security work.

Article 7. Priority Order for Mobilization

1. Scientific and technological potential shall be mobilized in the following priority order:

a) Scientific and technological potential managed by the State;

b) Scientific and technological potential jointly managed by the State and organizations and individuals both within and outside the country (joint ventures, joint operations...);

c) Scientific and technological potential of domestic organizations and individuals not managed by the State;

d) Scientific and technological potential of foreign organizations and individuals and international organizations operating on the territory of the Socialist Republic of Vietnam.

2. Priority shall be given to mobilizing scientific and technological potential from organizations and individuals both within and outside the country who voluntarily contribute and assist in police work.

Article 8. Transfer of Mobilized Objects

1. Organizations and individuals who are owners or managers of objects subject to mobilization shall be responsible for transferring such objects to the mobilization agency in accordance with the provisions of the mobilization decision issued by the competent state authority.

2. The transfer of mobilized objects must be documented in writing.

3. The Minister of Public Security shall prescribe the procedures and formalities for transferring mobilized objects.

Article 9. Return of Mobilized Objects

1. The agency deciding on mobilization shall be responsible for returning mobilized objects to the agencies, organizations, and individuals owning or managing such objects. The return of mobilized objects shall be carried out when:

a) In accordance with the decision of the agency or person authorized to decide on mobilization measures;

b) The activity requiring mobilization of scientific and technological potential has ended;

c) The mobilization period has expired without an extension decision from the competent state authority.

2. The return of mobilized objects must be documented in writing.

3. The Minister of Public Security shall prescribe the procedures and formalities for returning mobilized objects.

Article 10. Budget for Mobilizing Scientific and Technological Potential to Serve Police Work

1. The state budget shall ensure funding in the annual budget of the Ministry of Public Security, including:

- Expenditure on scientific and technological affairs;

- Regular security expenditure.

2. Other lawful sources of funding as prescribed by law.

3. In cases of necessity,

4. The Ministry of Finance shall take the lead and coordinate with the Ministry of Public Security to provide detailed guidance on the management, use, and settlement of funds for mobilization as stipulated in Clauses 1, 2, and 3 of this Article.

Article 11. Prohibited Acts

1. Mobilizing scientific and technological potential beyond authority and not in accordance with the procedures and formalities prescribed in this Decree.

2. Exploiting mobilization of scientific and technological potential to infringe upon the rights and legitimate interests of organizations and individuals.

3. Concealing, disposing of, appropriating, or destroying scientific and technological potential that has been decided to be mobilized by the competent state authority.

4. Evading, failing to comply with, or incompletely complying with mobilization decisions issued by the competent state authority.

5. Disclosing state secrets or the secrets of organizations and individuals in the mobilization of scientific and technological potential to serve police work.

6. Other violations as prescribed by law.

Chapter II

CONTENTS, PROCEDURES, AND FORMALITIES FOR MOBILIZATION

Article 12. Development of Mobilization Plan

1. Mobilization of scientific and technological potential to serve police work must be carried out according to a mobilization plan approved by the competent authority, except for mobilization as provided for in Article 21 of this Decree.

2. The mobilization plan for scientific and technological potential shall be developed based on the following foundations:

a) Strategies, plans, programs for economic and social development;

b) Requirements for enhancing scientific and technological potential for the People's Public Security.

3. The mobilization plan for scientific and technological potential is a special plan, incorporated into the general science and technology plan and developed periodically every five years and annually. The mobilization plan must focus on high technologies to enhance the scientific and technological potential of the People's Public Security, ensuring national security and public order and safety.

4. In exceptional cases, the mobilization plan can be separately established and supplemented.

5. The mobilization plan for scientific and technological potential must include the following main contents:

a) Objectives and tasks of mobilization;

b) Mobilization targets;

c) Mobilization methods;

d) Funding allocated for mobilization;

đ) Authority to decide on mobilization for each type of mobilization target;

e) Responsibilities for organizing the implementation of the mobilization plan.

6. The Ministry of Public Security shall take the lead and coordinate with the Ministry of Science and Technology and other ministries, ministerial-level agencies, and provincial people's committees to develop the five-year and annual mobilization plans and submit them to the Prime Minister for approval.

Article 13. Mobilization Decision

1. Basis for the mobilization plan that has been approved

2. The mobilization decision shall include the following contents:

a) Mobilization targets;

b) Mobilization methods;

c) Mobilization period and end time;

d) Implementation location and time of the mobilization decision;

đ) Rights and obligations of organizations and individuals owning and managing the mobilized objects.

3. The mobilization decision must be sent to agencies, organizations, and individuals responsible for implementation at least 30 days before the mobilization date.

Article 14. Responsibilities for Implementing the Mobilization Plan

1. The Ministry of Public Security shall take the lead and coordinate with ministries, ministerial-level agencies, and provincial People's Committees to organize and implement the mobilization plan approved by the Prime Minister

2. Ministries, ministerial-level agencies, and provincial People's Committees shall have the responsibility to implement the mobilization plan approved by the Prime Minister within their respective duties and authorities.

3. Organizations and individuals subject to mobilization shall strictly and fully implement the mobilization plan for scientific and technological potential to serve public security work according to the mobilization decision of competent state agencies.

Article 15. Provision of Information on Scientific and Technological Potential

Ministries, ministerial-level agencies, and provincial People's Committees shall provide the Ministry of Public Security with information on scientific and technological potential related to national security and social order and safety as required by the Ministry of Public Security and shall be responsible for the information provided.

Article 16. Mobilization of Scientific and Technological Achievements

1. The State shall have policies to encourage domestic and foreign organizations and individuals to transfer advanced technology and scientific and technological achievements to enhance the scientific and technological potential of the People's Public Security.

2. Based on the annual and five-year mobilization plans approved by the Prime Minister, the Ministry of Public Security shall coordinate with relevant ministries, sectors, and agencies to organize implementation. Mobilization of technology and research results and scientific and technological achievements shall be carried out through the following forms:

a) Purchasing, receiving technology transfers, and research results and scientific and technological achievements in accordance with the Technology Transfer Law, Intellectual Property Law, and other relevant laws;

b) Tendering for technology, research results, and scientific and technological achievements when such technologies, research results, and scientific and technological achievements are particularly important for ensuring national security and social order and safety. Tendering shall be conducted in accordance with the law on tendering.

3. The agency receiving the transfer, implementing the mobilization of technology, research results, and scientific and technological achievements shall be responsible for ensuring the confidentiality of technology and other confidential information related to the mobilized scientific and technological achievements.

Article 17. Strengthening Scientific and Technological Human Resources to Serve Public Security Work

1. Based on the annual and five-year mobilization plans that have been approved

2. The State shall have preferential policies and create conditions for the Ministry of Public Security to select, dispatch scientific and technological personnel who have been trained to serve public security work and send qualified personnel to study and train at domestic and foreign training institutions on science and technology.

The recruitment of students and trainees into the People's Public Security, the selection and dispatch of students, trainees, and People's Public Security officers to study and train domestically and abroad to strengthen scientific and technological human resources to serve public security work shall be implemented in accordance with Decree No. 43/2007/NĐ-CP dated March 26, 2007, detailing and guiding the implementation of certain provisions of the Law on Public Security Organs.

3. Ministries, ministerial-level agencies, and provincial People's Committees shall direct training institutions under their sectors and localities to fulfill the task of training scientific and technological human resources according to the mobilization plan for scientific and technological potential to serve public security work approved by the competent authority.

Article 18. Mobilizing individuals to engage in scientific and technological activities

1. Mobilizing individuals to engage in scientific and technological activities shall be carried out through the following methods:

a) Individuals voluntarily participating in scientific and technological activities serving police work;

b) Agreement between the competent state agency and individuals engaged in scientific and technological activities;

c) Transferring individuals engaged in scientific and technological activities among state agencies.

2. The Minister of Public Security shall decide on mobilizing individuals engaged in scientific and technological activities based on agreements with the scientific and technological organizations managing those individuals or agreements with individuals engaged in scientific and technological activities who work independently or are not under the management of state scientific and technological organizations, according to the plan approved by the Prime Minister.

3. The mobilization decision must be notified to the scientific and technological organization where the individual engaged in scientific and technological activities works.

Article 19. Mobilizing national material and technical infrastructure

1. A part or all of the construction projects, systems, equipment, and technical means belonging to the national material and technical infrastructure may be mobilized to serve police work, ensuring national security and social order and safety.

2. Mobilizing a part or all of the construction projects, systems, equipment, and technical means belonging to the national material and technical infrastructure to serve police work must be approved by the Prime Minister in the annual mobilization plan. Based on the approved mobilization plan, the Minister of Public Security decides on mobilization.

Article 20. Strengthening material and technical infrastructure, information potential, and databases to serve police work

1. Strengthening material and technical infrastructure, information potential, and databases to serve police work shall be implemented according to the mobilization plan approved by the Prime Minister.

2. The State strengthens material and technical infrastructure, information potential, and databases to serve police work through the following activities:

a) Investing in building laboratories, testing stations, monitoring stations within the specialized fields of the People's Public Security;

b) Modernizing means, tools, and technologies directly serving the research and development activities of the People's Public Security;

c) Investing in building the People's Public Security database system.

Article 21. Mobilization in situations threatening national security and social order and safety

In situations threatening national security and social order and safety, mobilizing scientific and technological potential shall be carried out as follows:

1. The Prime Minister decides on the requisition of construction projects, systems, transportation facilities, communication equipment, assets of organizations and individuals, and modern scientific and technological achievements upon the proposal of the Minister of Public Security; and the requisition of scientists and experts in scientific and technological fields to serve police work.

2. The Minister of Public Security and specialized agencies for national security protection under the Ministry of Public Security decide on the requisition of a part or all of the construction projects, systems, equipment, and technical means belonging to the national material and technical infrastructure and the persons using or controlling these projects, systems, equipment, and means to serve police work.

3. The procedures and formalities for requisitioning are carried out in accordance with the provisions of the law.

4. The mobilization decisions stipulated in Clauses 1 and 2 of this Article take effect immediately.

5. Agencies, organizations, and individuals subject to mobilization have the responsibility to implement the mobilization decisions of state agencies and authorized persons; failure to comply voluntarily will result in compulsory enforcement in accordance with the law.

Chapter III

RIGHTS AND OBLIGATIONS OF POLICY TOWARDS AGENCIES, ORGANIZATIONS, AND INDIVIDUALS SUBJECT TO MOBILIZATION

Article 22. Rights and Obligations of Agencies, Organizations, and Individuals with Scientific and Technological Potential Mobilized

1. Agencies, organizations, and individuals with scientific and technological potential mobilized have the following rights:

a) To be informed about mobilization matters related to their scientific and technological potential;

b) To be promptly and reasonably compensated for legitimate benefits they suffer due to the implementation of mobilization decisions;

c) To enjoy intellectual property rights, to maintain confidentiality regarding scientific and technological products they carry out when mobilized according to the law, to ensure their legitimate rights and interests arising from scientific and technological activities during the implementation of mobilization decisions;

d) Individuals holding or closely related to state secrets in the field of scientific and technological mobilization serving police work shall be protected in accordance with the law.

2. Agencies, organizations, and individuals with scientific and technological potential mobilized have the following obligations:

a) To fully and promptly comply with mobilization requirements according to the mobilization decision of the competent authority;

b) To maintain confidentiality about mobilization according to the law on protecting state secrets.

Article 23. Policies for Individuals Engaged in Scientific and Technological Activities Mobilized

1. During the period of mobilization, individuals engaged in scientific and technological activities who are civil servants receiving salaries from the state budget shall continue to receive their full salary and other benefits as if working at state agencies and organizations, paid by the agency managing the individual's scientific and technological activities. Additionally, they shall receive allowances paid by the mobilizing police agency according to the following rates:

a) Equal to 30% of the current salary and position allowance (if applicable) before mobilization, and other subsidy benefits in cases where the mobilization period is less than six months;

b) Equal to 50% of the current salary and position allowance (if applicable) before mobilization, and other subsidy benefits in cases where the mobilization period is from six months to less than one year;

c) Equal to 80% of the current salary and position allowance (if applicable) before mobilization, and other subsidy benefits in cases where the mobilization period is one year or more.

2. Individuals engaged in scientific and technological activities not receiving salaries from the state budget when mobilized shall receive wages and remuneration agreed upon between the individual and the mobilizing agency but not exceeding the salary and remuneration of civil servants with equivalent ranks. Additionally, they shall receive allowances as stipulated in points a, b, and c of Clause 1 of this Article.

The funds for individuals engaged in scientific and technological activities not receiving salaries from the state budget shall be paid by the mobilizing police agency.

3. In cases where overtime, holidays, or public holidays require mobilization, individuals engaged in scientific and technological activities shall enjoy the same benefits and policies as workers according to the Labor Code and other relevant state regulations.

4. In addition to the benefits and policies stipulated in Clauses 1, 2, and 3 of this Article, individuals engaged in scientific and technological activities with outstanding achievements shall be rewarded and enjoy additional preferential benefits according to the law.

5. The Ministry of Public Security shall take the lead and coordinate with the Ministry of Home Affairs, the Ministry of Finance, the Ministry of Labor, Invalids, and Social Affairs, and the Ministry of Science and Technology to guide the implementation of preferential policies and benefits when there is bodily damage (illness, disability, death) to individuals engaged in scientific and technological activities mobilized as prescribed in this Article.

Article 24. Compensation for mobilized technical facilities

1. The compensation for state agencies with mobilized technical facilities shall be carried out in accordance with the provisions of the law.

2. The compensation for organizations and individuals with mobilized technical facilities shall be implemented based on the following principles:

a) All damages, losses, and harms to the mobilized objects caused by the mobilization shall be reasonably compensated;

b) The level of compensation shall be calculated at market price at the time of mobilization;

c) The compensation must be promptly implemented.

3. The State ensures the budget for payment of compensation when mobilizing technical facilities to serve police work.

Chapter IV

IMPLEMENTING PROVISIONS

Article 25. Awards, Handling Violations, and Resolving Complaints and Allegations

1. Agencies, organizations, and individuals with achievements in mobilizing scientific and technological potential to serve police work shall be awarded according to the provisions of the law.

2. Agencies, organizations, and individuals who violate the provisions of this Decree shall be disciplined, administratively punished, or criminally prosecuted depending on the nature and severity of the violation; in cases causing damage, they must compensate according to the provisions of the law.

3. Agencies, organizations, and individuals have the right to complain and report acts that infringe upon their legitimate rights and interests in the mobilization of scientific and technological potential to serve police work. The complaint and reporting process and resolution of complaints and reports shall be carried out in accordance with the Law on Complaints and Reports.

Article 26. Effective date

This Decree shall take effect fifteen days after its publication in the Official Gazette.

Article 27. Responsibility for Implementation

The Minister of Public Security is responsible for guiding and organizing the implementation of this Decree. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees under the central government, and related organizations and individuals are responsible for enforcing this Decree./.