Decree No. 19/2002/NĐ-CP On Mobilizing State Scientific and Technological Resources for National Defense

 DECREE

On mobilizing scientific and technological potential for national defense

Of the State

THE GOVERNMENT

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

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

To mobilize the scientific and technological potential of the State for national defense;

At the proposal of the Minister of National Defense and the Minister of Science and Technology and Environment.

DECREE

Chapter 1:
GENERAL PROVISIONS

Article 1. Scope of application

This Decree stipulates the mobilization of the scientific and technological potential of the State for national defense according to regular plans or emergency plans approved by the Prime Minister.

This Decree does not cover the mobilization of the scientific and technological potential of the State for national defense in cases where the State declares a state of war, general mobilization order, partial mobilization order, or a state of emergency.

Article 2. Objectives of Mobilization

Mobilizing the scientific and technological potential of the State for national defense aims to enhance the scientific and technological level and capacity of the military, develop the defense industry, contribute to building a strong all-people national defense, build a revolutionary, regular, elite, and increasingly modern people's army, meeting the requirements of firmly defending the socialist Fatherland of Vietnam.

Article 3. Responsibilities of Ministries, agencies at the ministerial level, government agencies, provincial People's Committees, state-owned enterprises, organizations, and individuals engaged in science and technology in implementing mobilization tasks.

1- Ministries, agencies at the ministerial level, and government agencies (hereinafter referred to collectively as ministries and sectors), provincial People's Committees (hereinafter referred to collectively as provincial People's Committees) have the responsibility to direct and implement the task of mobilizing the scientific and technological potential for national defense according to the division of labor by the Government.

2- State scientific and technological organizations at the national level, state-owned enterprises (hereinafter referred to collectively as other state agencies), individuals engaged in science and technology receiving salaries from the state budget have the responsibility to implement the task of mobilizing the scientific and technological potential for national defense according to plans and directives from competent state agencies.

Article 4. Encouraging non-state organizations and individuals to participate in mobilization.

The Government encourages and creates conditions for non-state organizations and individuals to participate in mobilization activities to contribute to solving scientific and technological tasks serving national defense and fulfilling their rights and obligations under the law.

Article 5. Benefits and policies applicable to organizations and individuals mobilized.

Organizations and individuals mobilized for long-term, short-term, or on-site service for national defense shall enjoy material and spiritual benefits according to state regulations and additional special preferential benefits as prescribed.

The Ministry of National Defense shall take the lead and coordinate with the Ministry of Labor, Invalids and Social Affairs, the Government Organizational and Cadre Department, the Ministry of Science and Technology and Environment, the Ministry of Education and Training, the Ministry of Finance, and related agencies to specify the implementation of preferential policies for organizations and individuals mobilized for national defense.

Article 6. Confidentiality regime

The process of developing, organizing, and implementing mobilization plans must comply with regulations on protecting state secrets.

Chapter 2:
CONTENTS AND METHODS OF MOBILIZING THE SCIENTIFIC AND TECHNOLOGICAL POTENTIAL OF THE STATE FOR NATIONAL DEFENSE

Article 7. Transfer of technology and results of scientific research and technological development for national defense.

The transfer of technology and results of scientific research and technological development for national defense includes activities and ensuring the following requirements:

1- Transferring advanced scientific research and technological development results relevant to national defense to the Ministry of National Defense.

2- Cooperating in transferring technology between domestic and military scientific and technological organizations to apply advanced techniques to address national defense tasks.

3- In international cooperation, attention should be paid to high technology and advanced techniques to create multi-purpose products.

4- Expanding international cooperation, encouraging and creating conditions for all individuals and organizations of Vietnamese origin residing abroad to participate in technology transfer and scientific research and technological development results for national defense.

Article 8. Strengthening material and technical infrastructure for military training and research institutions.

The State strengthens the material and technical infrastructure for military training and research institutions, including the following activities:

1- Building laboratories, testing stations, and national monitoring stations in the field of national defense assigned directly to the Ministry of National Defense for management and use.

2- Investing, supplementing, repairing, and upgrading laboratories, testing stations, and monitoring stations at military research and training institutions according to annual planning.

Article 9. Strengthening information resources, databases, and scientific and technological materials for national defense.

Strengthening information resources, databases, and scientific and technological materials for national defense includes the following activities:

1- Exchanging and providing information and materials about new scientific and technological achievements both domestically and internationally, especially those related to military, engineering, technology, and national defense production fields.

2- Collaborating in exploiting scientific and technological data sources for national defense.

3- Supporting the construction, repair, and upgrade of scientific and technological databases for the military.

4- Creating favorable conditions for the exploitation of invention archives, standard systems, measuring instruments, and national quality evaluation criteria.

Article 10. Supplementing forces, training, and enhancing scientific and technological human resources for national defense.

Supplementing forces for training and enhancing scientific and technological human resources for national defense includes the following activities:

1- Selecting and dispatching scientific and technological officers and staff who have been trained in suitable fields to serve long-term or short-term in the military.

2- Directly train and enhance professional skills for military sectors or participate in training and enhancing professional skills at military training institutions according to requirements for national defense service.

3- Prioritize creating all necessary conditions for the military to send qualified personnel to study and enhance specialized professional skills abroad, outside the specific training forms of the Ministry of National Defense.

Article 11. Mobilize the scientific and technological potential of the State for research and development of technology serving national defense.

Mobilize the scientific and technological potential of the State for research and development of technology serving national defense (except for the contents prescribed in Articles 7, 8, 9, and Article 10 of this Decree), including mobilizing local scientific and technological staff, mobilizing material and technical facilities, laboratories belonging to ministries, sectors, provincial People's Committees, and other state agencies to participate in implementing scientific and technological tasks serving national defense.

Article 12. Methods of mobilization.

Ministries, sectors, provincial People's Committees, and other state agencies have the responsibility to implement the task of mobilizing the scientific and technological potential of the State for national defense, depending on the nature of the work, they shall implement according to the following methods:

1- Mandatory for contents directly affecting national security and defense.

2- According to regular and urgent plans approved by the Prime Minister.

3- By agreement with the Ministry of National Defense.

4- Voluntarily assist the Ministry of National Defense within their capacity.

Chapter 3:
BUILDING PLANS AND IMPLEMENTATION ORGANIZATION

Article 13. Principles for building mobilization plans.

1- The plan for mobilizing the scientific and technological potential of the State for national defense is a special plan, integrated into the general plan on science and technology and established periodically every five years and annually.

2- In case of urgency, a supplementary mobilization plan will be established separately.

3- The mobilization plan must focus on key areas, concentrate on high technology and modern techniques, avoid duplication, and ensure close coordination, synchronization, and unity among ministries, sectors, provincial People's Committees, and other state agencies.

Article 14. Procedure for building mobilization plans.

1- Ministries, sectors, provincial People's Committees, and other state agencies have the responsibility to assist the Ministry of National Defense in understanding the scientific and technological potential of their affiliated institutions to formulate mobilization plans.

2- Every five years and annually, the Ministry of National Defense determines specific needs for mobilization. The Ministry of National Defense leads and coordinates with the Ministry of Science and Technology, the Ministry of Planning and Investment, and the Ministry of Finance to establish mobilization plans for ministries, sectors, provincial People's Committees, and other state agencies.

3- The Ministry of Science and Technology leads and coordinates with the Ministry of Planning and Investment and the Ministry of Finance to organize the review of mobilization plans included in the general five-year and annual science and technology plans to submit to the Prime Minister for approval. If the mobilization content is an investment project, it shall be implemented in accordance with current laws on investment of the State.

4- In case of urgent need, the Ministry of National Defense leads and coordinates with the Ministry of Science and Technology, the Ministry of Planning and Investment, and the Ministry of Finance to establish supplementary mobilization plans to submit to the Prime Minister for consideration and decision.

Article 15. Approval of mobilization plans.

1- The Prime Minister reviews and approves regular mobilization plans included in the general science and technology plans for ministries, sectors, provincial People's Committees, and other state agencies.

2- In case of urgency, the Prime Minister reviews and approves supplementary mobilization plans and assigns tasks to ministries, sectors, provincial People's Committees, and other state agencies to implement.

3- Ministries, sectors, provincial People's Committees, and other state agencies develop implementation plans and assign specific mobilization tasks and targets to subordinate units.

Article 16. Responsibilities for implementing mobilization plans.

1- The Ministry of National Defense is responsible before the Government for implementing the mobilization plan of the State's scientific and technological potential for national defense.

2- Ministries, sectors, provincial People's Committees, and other state agencies within their authority have the responsibility to coordinate with the Ministry of National Defense to implement the mobilization plan of the State's scientific and technological potential for national defense.

3- Organizations and individuals subject to mobilization have the responsibility to strictly and fully implement the mobilization plan of the State's scientific and technological potential for national defense.

Article 17. Inspection, evaluation, and reporting on the implementation of mobilization plans.

The Ministry of National Defense leads and coordinates with the Ministry of Science and Technology and relevant agencies to organize regular or urgent inspections to evaluate and urge units to fulfill mobilization tasks.

Annually, based on reports on the implementation situation from ministries, sectors, provincial People's Committees, and other state agencies and inspection results, the Ministry of National Defense coordinates with the Ministry of Science and Technology to compile and report to the Prime Minister.

Article 18. Handover of mobilization results.

1- Ministries, sectors, provincial People's Committees, and other state agencies have the responsibility to hand over mobilization results to the Ministry of National Defense according to plans approved by the Prime Minister. Mobilization results must be handed over in writing.

2- The Ministry of National Defense has the responsibility to accept and utilize mobilization results. At the end of the mobilization period, the Ministry of National Defense has the responsibility to hand back to ministries, sectors, provincial People's Committees, and other state agencies those contents that need to be returned as recorded in the mobilization plan.

Article 19. Funding for implementing mobilization plans.

1- Funding for implementing the mobilization plan of the State's scientific and technological potential for national defense is guaranteed from the following sources:

a- State budget allocated for implementing scientific and technological tasks;

b- State budget allocated to the Ministry of National Defense;

c- State budget allocated to ministries, sectors, and provincial People's Committees for defense and security work.

d) Science and technology development funds established in accordance with the provisions of the Law on Science and Technology;

đ) Other sources of funds.

2- The budget for implementing the plan to mobilize scientific and technological potential of the State to serve national defense shall be allocated for the following purposes:

a) The tasks specified in Articles 5, 7, 8, 9, 10, and Article 11 of this Decree;

b) Scientific and technological programs, topics, and projects serving national defense;

c) Other related tasks concerning the mobilization of scientific and technological potential to serve national defense.

Chapter 4:
REWARD AND VIOLATION HANDLING

Article 20. Awards

Organizations and individuals who have achievements in mobilizing the scientific and technological potential of the State to serve national defense shall be rewarded according to the regulations of the State.

Article 21. Handling Violations

Organizations and individuals who act irresponsibly, evade, obstruct, or oppose the mobilization of the scientific and technological potential of the State to serve national defense shall be subject to handling according to the level and nature of their violations as stipulated by law.

Article 22. Complaints, reports, and the resolution of complaints and reports

1- Organizations and individuals have the right to file complaints, and individuals have the right to report violations of the law in the process of mobilizing the scientific and technological potential of the State to serve national defense.

2- The filing of complaints and reports and the resolution of complaints and reports regarding violations of the regulations on mobilizing the scientific and technological potential of the State to serve national defense shall be carried out in accordance with the laws on complaints and reports.

Chapter 5:
IMPLEMENTING PROVISIONS

Article 23. Effectiveness

This Decree shall take effect fifteen days from the date of signature. Previous regulations contrary to this Decree shall be abolished.

Article 24. Responsibility for guiding the implementation of the Decree

The Ministry of National Defense shall take the lead and coordinate with the Ministry of Science and Technology and the Environment and relevant ministries and sectors to be responsible for guiding the implementation of this Decree.

Article 25. Implementation Provisions

Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of People's Committees of provinces and centrally governed cities, and related organizations and individuals are responsible for enforcing this Decree.