Decree No. 20/2013/NĐ-CP on the functions, tasks, powers, and organizational structure of the Ministry of Science and Technology

DECREE

Regulations on the functions, tasks, powers, and organizational structure of the Ministry of Science and Technology

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

Pursuant to Decree No. 36/2012/NĐ-CP dated April 18, 2012, of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies;

Pursuant to the proposal of the Minister of Science and Technology;

The Government promulgates the Decree stipulating the functions, tasks, powers, and organizational structure of the Ministry of Science and Technology,

Article 1. Position and Functions

The Ministry of Science and Technology is an agency of the Government, performing the function of state management over science and technology, including scientific and technological activities; development of scientific and technological potential; intellectual property; standards, measurements, and quality; atomic energy, radiation safety, and nuclear safety; state management of public services within the scope managed by the Ministry in accordance with the law.

b) Draft five-year and annual socio-economic development plans for the province; major economic and social balances for the province; draft five-year and annual plans, programs, projects, measures to organize and implement tasks related to socio-economic development, finance-budget, planning-investment, and other tasks within the scope of state management of the Department of Finance as prescribed by law;

The Ministry of Science and Technology performs tasks and powers as prescribed in the Government's Decree No. 36/2012/NĐ-CP dated April 18, 2012, stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies, and the following specific tasks and powers:

1. Submit to the Government draft laws, draft resolutions of the National Assembly; draft ordinances, draft resolutions of the Standing Committee of the National Assembly; draft resolutions, decrees of the Government according to the annual legislative program of the Ministry that has been approved, and projects, programs assigned by the Government, Prime Minister; strategies, plans, long-term, five-year, and annual development plans, and important national projects and works in the sectors under the management of the Ministry of Science and Technology.

2. Submit to the Prime Minister draft decisions, directives, and other documents within the scope managed by the Ministry of Science and Technology.

3. Approve orientations, goals, main tasks of science and technology for five years and annual science and technology plans, research and development programs within the scope of state management of the Ministry in accordance with the strategy for the development of science and technology and the delegation of authority by the Government and the Prime Minister.

4. Issue circulars, decisions, directives, and other documents within the scope of state management of the Ministry; direct, guide, inspect, and organize the implementation of legal normative documents, strategies, plans within the scope of management of the Ministry after their promulgation and approval; disseminate information, promote, popularize, and educate on laws related to science and technology; issue national technical standards, procedures, economic-technical norms within the scope of state management of the Ministry according to its authority.

5. Guide and inspect business operations with conditions in industries and fields as specified in the list by the Government; manage the issuance, adjustment, revocation, extension of various licenses, certificates, registrations within the scope of state management of industries and fields of the Ministry in accordance with the law; guide the professional activities of specialized agencies under the state management of the Ministry.

6. Regarding scientific and technological activities:

a) Direct the implementation of orientations, goals, research and development tasks for five years and annually, technology transfer, promotion of the development of key economic-technological sectors based on innovation and mastery of technology, focusing on developing new and high technologies;

b) Lead and guide ministries, localities to implement the mechanism of autonomy and self-responsibility of public scientific and technological organizations; guide and support the establishment and development of scientific and technological enterprises; support individuals and organizations to promote innovations and improvements applied in production, enterprises to innovate technology; prescribe and guide individuals and organizations to carry out technology incubation and scientific and technological enterprise incubation activities;

c) Guide and organize the implementation of certification for high technology application, research, and development activities, recognition of high technology enterprises; prescribe conditions for high technology incubation bases and high technology enterprise incubation bases; define the authority, conditions, and procedures for recognizing training institutions for high technology human resources; build databases and information infrastructure on high technology within the scope of the Ministry's authority; build and submit to the Government for promulgation criteria and conditions for establishing high technology zones and mechanisms and policies for developing high technology; directly manage the Hoa Lac High Technology Park;

d) Guide the determination, ordering, selection, direct assignment, evaluation, acceptance of scientific and technological tasks; the transfer of ownership and usage rights of results from scientific and technological tasks funded by the State budget. Transfer ownership and usage rights of State-funded scientific and technological task results to organizations and individuals. Exploit, apply, publish, and promote the results of scientific research and technological development;

đ) Manage State-funded scientific and technological tasks in the fields under the Ministry’s management; build, guide, and organize the implementation of key State-funded scientific and technological tasks, tasks in national scientific and technological programs and projects already approved by the Prime Minister;

e) Guide and organize the implementation of ordering certain products from scientific and technological tasks using the State budget;

g) Inspect, supervise, and conduct specialized audits during the implementation and post-acceptance of scientific and technological programs, topics, and projects funded by the State budget; organize independent evaluations of the results of scientific research and technological development by scientific and technological organizations;

h) Guide and register the activities of research and development organizations, scientific and technological service organizations, science and technology development funds, technology innovation funds, high technology venture capital funds in accordance with the law;

i) Regulations on technology transfer activities and technology transfer services; guidance on the evaluation, valuation, examination, and appraisal of technology; granting permission for technology transfer and registration certification of technology transfer contracts according to分级权限；审查投资项目、经济和社会发展规划、行业和领域规划、为技术转移活动服务的科学研究项目和科技市场发展计划中的科学技术内容；审查并提请政府发布鼓励技术转让、限制技术转让和禁止技术转让的技术目录；

k) Guidance for ministries, sectors, and localities in building five-year and annual science and technology plans, and managing science and technology activities;

7. On developing scientific and technological capacity:

a) To take the lead and coordinate with ministries, sectors, and localities in drafting and implementing the network planning of scientific and technological organizations after issuance; to specify criteria for establishment, classification, and operational conditions for scientific and technological organizations; to establish or provide opinions on the establishment, restructuring, or dissolution of public institutions operating in the field of science and technology according to the provisions of the law; to guide the management of national key laboratory systems;

b) To issue or submit to competent authorities for issuance and implementation mechanisms and policies on training, utilization, and valuing scientific and technological personnel; to build and implement training programs and plans for individuals working in the field of science and technology and support the development of scientific and technological forces;

c) To cooperate with the Ministry of Finance in establishing financial mechanisms in the field of science and technology, annual state budget capital plans for scientific and technological affairs; to determine the structure of expenditures and the proportion of the state budget allocated annually for scientific and technological activities of ministries, sectors, and localities for approval by competent authorities. To cooperate with the Ministry of Planning and Investment in formulating annual state budget investment plans for scientific and technological development. To inspect and supervise the implementation of annual budget allocation plans for scientific and technological activities and the use of the state budget for scientific and technological activities by ministries, sectors, and localities according to the provisions of the law;

d) To guide information, communication, library, and statistical activities in the field of science and technology, develop the technology market; to construct national information and statistical infrastructure for science and technology; to organize technology markets and equipment fairs, technology transaction centers, and science and technology exhibitions; to build a system of national databases on science and technology; to invest in developing advanced science and technology information networks connecting domestic and international regions;

8. On intellectual property rights:

a) To draft, guide, implement, and inspect the enforcement of laws on intellectual property rights; to define procedures and formalities for registering and establishing intellectual property rights, using and transferring intellectual property assets of organizations and individuals;

b) To manage state activities related to inventions;

c) To guide and implement the establishment and transfer of industrial property rights; to implement measures to protect the legitimate rights and interests of the State, organizations, and individuals in the field of industrial property;

d) To guide business operations for industrial property management agencies; to manage activities related to representation of industrial property, examination of industrial property, and other intellectual property services; to guide industrial property business operations for ministries, sectors, localities, enterprises, and institutions;

đ) To take the lead in organizing the resolution of disputes over industrial property rights and commercial disputes related to industrial property rights according to the provisions of the law;

e) To coordinate with the Ministry of Culture, Sports and Tourism, the Ministry of Information and Communications, and the Ministry of Agriculture and Rural Development in managing intellectual property rights in relevant fields according to the division of labor by the Government;

9. On standards, measurement, and quality:

a) To manage the Vietnamese standard and technical regulation system; to examine and announce national standards; to guide the construction and examination of national technical regulations; to organize the construction and application of national standards and the formulation, issuance, and guidance on the application of national technical regulations within the assigned management scope; to participate in the construction of international standards; to guide the application of international standards, regional standards, and foreign standards in Vietnam; to guide the construction of local technical regulations; to guide the construction and announcement of basic standards; to organize and manage the activities of the network of notification and inquiry agencies regarding technical trade barriers in Vietnam; to manage state activities related to product labeling, numbering, barcodes, and product classification;

b) To manage the establishment, maintenance, preservation, and use of the metrology standard system; to approve national metrology standards; to designate organizations responsible for maintaining national metrology standards; to organize metrology management for measuring instruments, measurements, prepackaged goods quantities, and metrology standards; to organize management activities for calibration, verification, and testing of measuring instruments and metrology standards;

c) Chair and coordinate with relevant ministries and sectors to organize state management over product and commodity quality in production, export, import, circulation on the market, and during use in accordance with the law; guide and manage labeling of goods nationwide; guide and manage activities related to conformity assessment of standards and technical regulations, recognition of testing laboratories, calibration facilities, certification organizations, and inspection bodies; chair the implementation of the national program to enhance productivity, quality, and competitiveness of products and commodities; implement international agreements and treaties regarding mutual recognition of conformity assessment results for standards and technical regulations, measurement, and product quality; manage, guide, and organize the implementation of advanced quality management systems in the operation of administrative agencies.

10. Regarding atomic energy, radiation safety, and nuclear safety:

a) Manage state affairs concerning radiation safety, radioactive environmental safety, nuclear safety, radioactive source security, nuclear security, and nuclear inspections in atomic energy applications nationwide; guide and organize the implementation of activities related to the application and utilization of atomic energy in economic and technical sectors, and nuclear power plant construction projects in accordance with the law;

b) Organize the management of the national radiation environment monitoring network and calibration system in the field of radiation and nuclear measurement;

c) Specify and guide the declaration and issuance of permits for radiation work; inspect and handle violations related to ensuring radiation safety and nuclear safety in the field of atomic energy;

d) Manage nuclear fuel, used nuclear fuel, nuclear materials, nuclear material sources, radioactive waste, and support services for atomic energy applications; manage the import and export of radiation technology, equipment, nuclear fuel, used nuclear fuel, nuclear materials, and radioactive sources within the country;

đ) Specify the control and handling of radiation accidents and nuclear accidents.

11. Regarding public services:

a) Guide public service organizations to perform public services in sectors and fields under the Ministry's state management;

b) Develop procedures, processes, and economic-technical norms for public service supply activities in sectors and fields managed by the Ministry;

c) Guide and create conditions to support organizations in performing public services according to the law.

12. Management of science and technology civil servants and officials:

a) Develop professional standards for civil servant positions in the field of science and technology for the Ministry of Home Affairs to promulgate;

b) Manage job positions in public service units under the Ministry's state management;

c) Develop and promulgate vocational standards for science and technology officials;

d) Specify detailed criteria, conditions, content, form, and organization of examinations or evaluations for promotion of science and technology officials according to the law;

đ) Develop and promulgate leadership and management position standards for specialized science and technology agencies under provincial People's Committees.

13. Regarding international cooperation:

a) Implement programs, bilateral and multilateral agreements, integration projects, and regional cooperation initiatives in science and technology that have been approved; deploy a network of overseas science and technology representatives according to government directives;

b) Direct and guide the implementation of government and Prime Minister regulations concerning the organization of international conferences and seminars related to the Ministry's management areas; organize citizen reception and anti-corruption activities according to regulations.

c) Officially represent Vietnam in international organizations in the field of science and technology according to the Government's and Prime Minister's delegation and authorization.

14. Regarding inspection, supervision, and anti-corruption work:

a) Guide, inspect, and supervise the implementation of policies and laws in sectors and fields under the Ministry's state management; provide professional guidance on specialized inspection work and handling of legal violations according to the law;

b) Resolve complaints, reports, and suggestions from organizations and individuals related to the Ministry's management areas; organize citizen reception and anti-corruption activities according to regulations.

15. Recognize the establishment movement of associations, unions, and non-governmental organizations (referred to as Associations) operating in fields under the Ministry's state management; guide and create conditions for Associations to participate in industry activities; organize the collection of Association opinions to improve legal provisions on science and technology; inspect and supervise the implementation of legal provisions by Associations operating in fields under the Ministry's management; handle or recommend competent authorities to handle Association legal violations according to the law.

16. Manage and organize the implementation of investment projects within the Ministry's authority according to the law.

17. Organize and direct the implementation of scientific research plans and the application of technological progress at units under the Ministry's management.

18. Regarding the representation of state ownership interests in enterprises with state capital under the Ministry's jurisdiction according to regulations:

a) Exercise rights and obligations of state ownership according to the division of responsibilities assigned by the Government and Prime Minister for state-owned limited liability companies and state capital invested in enterprises;

b) Submit to competent authorities for approval or approve according to authority the appointment, dismissal, or reappointment of enterprise leadership positions;

c) Approve according to authority or submit to higher authorities for approval the Articles of Organization and Operation of enterprises.

19. Organize the implementation of the Ministry's administrative reform plan according to the State Administrative Reform Program approved by the Prime Minister.

20. Manage the organizational structure, civil servant staffing, job positions, personnel composition, and number of employees in public service units; decide on appointments, reappointments, transfers, rotations, dismissals, resignations, removals, and secondments; implement salary systems, incentive policies, rewards, disciplinary measures, and other regulations for cadres, civil servants, and officials; develop and implement training plans for professional skills for cadres, civil servants, and officials under the management of the Ministry in accordance with the law.

21. Develop annual state budget revenue and expenditure forecasts for the Ministry and the science and technology sector; coordinate with the Ministry of Finance to build and consolidate state budget revenue and expenditure forecasts for sectors and fields under the management of the Ministry of Science and Technology to be submitted to the Government for presentation to the National Assembly; manage and organize the implementation of final accounts of the state budget; perform other tasks related to the state budget, finance, and assets as prescribed by law.

22. Perform tasks and exercise powers assigned by the Government or the Prime Minister, or as provided by law.

Article 3. The organizational structure of the Ministry

1. Department of Social Sciences and Natural Sciences;

2. Department of Science and Technology in Economic and Engineering Fields;

3. Department of Evaluation, Appraisal, and Technology Inspection;

4. Department of High Technology;

5. Department of Planning and General Affairs;

6. Department of Finance;

7. Department of Legal Affairs;

8. Cadre and Civil Servant Affairs Department;

9. Department of International Cooperation;

10. Department of Mobilization and Awards;

11. Department of Local Science and Technology Development;

12. Office of the Ministry;

13. Inspectorate of the Ministry;

14. Southern Operations Bureau;

15. Bureau of Technology Application and Development;

16. Atomic Energy Bureau;

17. National Science and Technology Information Bureau;

18. Bureau of Market Development and Science and Technology Enterprises;

19. Radiation and Nuclear Safety Bureau;

20. Intellectual Property Bureau;

21. General Administration of Standards, Metrology, and Quality Control;

22. Management Board of Hoa Lac Hi-tech Park;

23. Institute of Science and Technology Strategy and Policy;

24. Office of National Priority Programs;

25. Science and Development Newspaper;

26. Vietnam Science and Technology Journal;

27. Computing Center;

28. School of Science and Technology Management.

The units specified from Clause 1 to Clause 22 of this Article are organizations assisting the Minister in performing state management functions; the units from Clause 23 to Clause 28 of this Article are public service units serving the state management functions of the Ministry.

The Department of Social Sciences and Natural Sciences shall be organized into two divisions, the Department of Science and Technology in Economic and Engineering Fields shall be organized into three divisions, the Cadre and Civil Servant Organization Department shall be organized into three divisions, the Department of International Cooperation shall be organized into four divisions, the Department of Planning and General Affairs shall be organized into three divisions, the Department of Finance shall be organized into three divisions, and the Department of Legal Affairs shall be organized into two divisions.

The Minister of Science and Technology shall submit to the Prime Minister for issuance decisions specifying the functions, tasks, powers, and organizational structures of the General Administration of Standards, Metrology, and Quality Control, the Management Board of Hoa Lac Hi-tech Park, and the list of other existing public service units under the Ministry of Science and Technology.

Article 4. Effective date

1. This Decree takes effect from April 20, 2013.

2. This Decree replaces Decree No. 28/2008/NĐ-CP dated March 14, 2008 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Science and Technology; abolishes previous provisions that are inconsistent with this Decree.

Article 5. Responsibilities for Implementation

Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees directly under the Central Government shall be responsible for implementing this Decree.