Decree No. 213/2013/ND-CP On the organization and operation of inspection in the Science and Technology sector

DECREE

On the organization and operation of the Science and Technology inspection sector

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

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

Based on the Inspection Law dated November 15, 2010;

Pursuant to the Law on Handling Administrative Offenses dated June 20, 2012;

At the proposal of the Minister of Science and Technology,

The Government promulgates the Decree on the organization and operation of the Science and Technology inspection sector.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates the organization and operation of the agency performing the function of Science and Technology inspection; inspectors, civil servants assigned to perform specialized inspection tasks and inspection collaborators of the agency performing the function of Science and Technology inspection; the responsibilities of agencies, organizations, and individuals in Science and Technology inspection activities.

Article 2. Inspection Objects

1. Agencies, organizations, and individuals under the management of the Ministry of Science and Technology, Department of Science and Technology.

2. Vietnamese and foreign agencies, organizations, and individuals have the obligation to comply with legal regulations in fields within the scope of state management of the Ministry of Science and Technology, Department of Science and Technology.

Article 3. Application of International Treaties

In cases where international treaties to which the Socialist Republic of Vietnam has signed or acceded provide different provisions regarding the organization and operation of the Science and Technology inspection sector, such treaty provisions shall be applied.

Chapter II

ORGANIZATION, TASKS, POWERS OF THE AGENCY PERFORMING THE FUNCTION OF SCIENCE AND TECHNOLOGY INSPECTION

Article 4. Agency performing the function of Science and Technology inspection

a) The Ministry of Labor - War Invalids and Social Affairs Inspection (hereinafter referred to as the Ministry Inspection);

a) The Inspection Department of the Ministry of Science and Technology (hereinafter referred to as the Inspection Department);

b) The Inspection Department of the Department of Science and Technology (hereinafter referred to as the Inspection Department).

a) Vocational Education General Administration;

a) Standardization, Measurement, and Quality Control General Administration;

b) Radiation and Nuclear Safety Administration.

The Ministry Inspection performs duties and authorities stipulated in Article 18 of the Inspection Law and Article 7 of the Government's Decree No. 86/2011/ND-CP dated September 22, 2011 detailing and guiding the implementation of certain articles of the Inspection Law, and the following tasks and powers:

The Inspection Department performs the tasks and powers prescribed in Article 18 of the Inspection Law and the following tasks and powers:

1. Drafting and issuing Guidelines for the annual specialized inspection plan in science and technology.

2. Inspecting and urging the drafting and implementation of inspection programs and plans by agencies assigned to perform specialized inspection functions in science and technology.

3. Organizing training sessions on specialized inspection for inspectors and civil servants assigned to perform specialized inspection tasks in science and technology.

4. Guiding, inspecting, and urging the Standardization, Measurement, and Quality Control General Administration and the Radiation and Nuclear Safety Administration to implement legal provisions on inspection.

5. Summarizing and drawing lessons from inspection work in the science and technology sector.

6. Other duties and powers as prescribed by law.

Article 6. Duties and Authorities of the Inspector General of the Ministry

The Head of the Inspection Department performs the tasks and powers prescribed in Article 19 of the Inspection Law and the following tasks and powers:

1. Reporting to the Minister of Science and Technology and the Inspector General of the Government on inspection work within their scope of responsibility.

2. Inspecting the responsibility of heads of units under the management of the Ministry of Science and Technology in implementing the law on inspection.

3. Summon civil servants and officials of related agencies and units to participate in inspection activities.

4. Other duties and powers as prescribed by law.

Article 7. Tasks and Powers of the Inspection Department of the Department

The Inspection Department of the Department performs the tasks and powers prescribed in Article 24 of the Inspection Law and the following tasks and powers:

1. Providing guidance on inspection procedures for inspectors and civil servants engaged in inspection work at the Department of Science and Technology.

2. Propagating, guiding, inspecting, and urging agencies and units under the management of the Department of Science and Technology to implement the law on inspection.

3. Summarizing and drawing lessons from inspection work within the scope of state management of the Department of Science and Technology.

4. Other duties and powers as prescribed by law.

Article 8. Duties and Authorities of the Head of the Department's Inspectorate

The Head of the Department's Inspectorate shall perform the duties and authorities stipulated in Article 25 of the Inspection Law and the following duties and authorities:

1. Report to the Director of the Department of Science and Technology, the Head of the Provincial Inspectorate, and the Head of the Ministry’s Inspectorate on inspection work within their scope of responsibility.

2. Summon civil servants and employees of relevant agencies and units to participate in inspection activities.

3. Other duties and powers as prescribed by law.

Article 9. Duties and Authorities of the Standardization, Measurement and Quality Control General Administration and its Director; the Radiation and Nuclear Safety Administration and its Director

The Standardization, Measurement and Quality Control General Administration (hereinafter referred to as the General Administration) and the Director of the Standardization, Measurement and Quality Control General Administration (hereinafter referred to as the Director); the Radiation and Nuclear Safety Administration (hereinafter referred to as the Administration) and the Director of the Radiation and Nuclear Safety Administration (hereinafter referred to as the Director) shall perform the duties and authorities stipulated in Articles 10 and 11 of Decree No. 07/2012/ND-CP dated February 9, 2012 of the Government on agencies assigned to carry out specialized inspection functions and specialized inspection activities (hereinafter referred to as Decree No. 07/2012/ND-CP).

Article 10. Advisory Unit for Specialized Inspection Work at the General Administration

1. The advisory unit for specialized inspection work at the General Administration shall be organized in the form of a Department.

2. The advisory unit shall have the following duties and authorities:

a) Take the lead and coordinate with related units to develop the General Administration's inspection program and plan;

b) Assist the Director in implementing inspection activities within the Director's authority;

c) Participate in inspections according to plans, regular inspections, and spot inspections when assigned by the Director;

d) Compile and prepare reports of the General Administration on the results of specialized inspection work, complaints and denunciations resolution, and anti-corruption measures as prescribed by law;

đ) Monitor, urge, and inspect the implementation of conclusions, recommendations, and decisions on inspection made by the Director;

e) Perform other tasks assigned by the Director and as prescribed by law.

Article 11. Inspectorate of the Radiation and Nuclear Safety Administration

1. The Inspectorate of the Radiation and Nuclear Safety Administration (hereinafter referred to as the Inspectorate) is an advisory body assisting the Director in implementing specialized inspection activities and conducting specialized inspections within the Administration's jurisdiction when assigned by the Director.

2. The Inspectorate has a Chief Inspector, Deputy Chief Inspectors, and inspection officials.

3. The Chief Inspector of the Inspectorate has the authority to impose penalties as prescribed by law.

The Minister of Science and Technology shall specify the duties, authorities, and organization of the Inspectorate.

Article 12. Coordination Relationships in Scientific and Technological Inspection Activities

1. The Inspectorate of the Ministry shall guide on procedures and handle overlaps in specialized scientific and technological inspection activities of the General Administration, Administration, Inspectorate, and Departmental Inspectorates.

2. The General Administration, Administration, and Inspectorate shall implement directives on work and guidance on specialized scientific and technological inspection procedures from the Inspectorate of the Ministry; support the Inspectorate of the Ministry in guiding specialized scientific and technological inspection procedures for Departmental Inspectorates; cooperate with Departmental Inspectorates when conducting specialized inspections within their delegated authority.

3. Departmental Inspectorates shall follow guidance on specialized scientific and technological inspection procedures from the Inspectorate of the Ministry; dispatch staff to participate in coordinated specialized scientific and technological inspections with the Inspectorate of the Ministry, General Administration, Administration, and Inspectorate upon request.

4. Within their duties and authorities, agencies performing scientific and technological inspection functions shall be responsible for coordinating with other related agencies to carry out inspection tasks aimed at preventing, detecting, and handling violations of laws in the field of science and technology.

Chapter III

INSPECTORS, SPECIALIZED INSPECTION OFFICIALS AND SCIENTIFIC AND TECHNOLOGICAL INSPECTION ASSISTANTS

Article 13. Science and Technology Inspectors

1. Science and Technology Inspectors (hereinafter referred to collectively as Inspectors) are civil servants of the Inspectorate of the Ministry, the Inspectorate of the Department appointed to the inspector rank to perform inspection tasks and other tasks assigned by the Director of the Ministry's Inspectorate, the Director of the Department's Inspectorate. Inspectors are provided with uniforms and inspection cards.

2. Inspectors must comply with the law, be responsible before the Director of the Ministry's Inspectorate, the Director of the Department's Inspectorate, and before the law for the performance of their assigned duties and powers.

3. The criteria for the inspector ranks; the appointment, removal of Inspectors, and conditions ensuring the operation of Inspectors shall be carried out in accordance with the provisions of the law.

Article 14. Specialized Science and Technology Inspection Civil Servants

1. Specialized Science and Technology Inspection Civil Servants must meet the conditions stipulated in Clause 1, Article 12 of Decree No. 07/2012/ND-CP and specific standards prescribed by the Minister of Science and Technology.

2. Specialized Science and Technology Inspection Civil Servants are provided with specialized science and technology inspection civil servant cards and uniforms. The specialized science and technology inspection civil servant card and uniform are prescribed by the Minister of Science and Technology.

3. Specialized Science and Technology Inspection Civil Servants may only use the provided card and uniform when performing specialized inspection tasks according to the inspection decision of the General Department Director, the Bureau Director.

4. Specialized Science and Technology Inspection Civil Servants are entitled to allowances as prescribed by law when performing inspection tasks.

5. When conducting inspections, specialized science and technology inspection civil servants have the authority to impose administrative penalties according to the provisions of the law.

Article 15. Collaborators of Science and Technology Inspection

1. Collaborators of Science and Technology Inspection are persons with expertise and vocational qualifications suitable for inspection tasks, recruited by the Ministry's Inspectorate, the Bureau's Inspectorate, the Department's Inspectorate to participate in the Inspection Team.

2. The tasks, powers, and treatment for Collaborators of Science and Technology Inspection shall be implemented in accordance with the provisions of the law.

Chapter IV

ACTIVITIES OF THE AGENCY PERFORMING SCIENCE AND TECHNOLOGY INSPECTION FUNCTIONS

Article 16. Administrative Inspection Activities

1. Administrative inspection activities are conducted by the state inspection agency on science and technology within the scope of management and operation of the Minister of Science and Technology, the Director of the Department of Science and Technology.

2. Administrative inspection activities are carried out in accordance with the provisions of Section 2, Chapter IV of the Inspection Law, and Section 1, Chapter III of Government Decree No. 86/2011/ND-CP detailing and guiding the implementation of certain articles of the Inspection Law (hereinafter referred to as Decree No. 86/2011/ND-CP).

Article 17. Content of Administrative Inspection Activities

The content of administrative inspection activities includes inspecting the compliance with policies, laws, assigned tasks by agencies, organizations, individuals under the management of the Minister or the Director, and inspecting the handling of complaints and grievances by agencies, individuals directly managed by the Minister, the Director.

Article 18. Specialized inspection activities in science and technology

1. Specialized inspection activities in science and technology shall be conducted by agencies performing the function of specialized inspection in science and technology against agencies, organizations, and individuals in the implementation of state laws on science and technology.

2. Specialized inspection activities in science and technology shall be carried out in accordance with the provisions set forth in Section 3 Chapter IV of the Inspection Law, Chapter III of Decree No. 07/2012/NĐ-CP, and other relevant legal documents.

Article 19. Content of specialized inspection in science and technology

1. The content of specialized inspection by the Bureau and the Bureau Inspectorate includes:

a) Declaration activities and compliance with regulations on permits to conduct radiation work;

b) Compliance with regulations on radiation safety and control by radiation facilities, responsibilities of radiation facility managers, radiation safety officers, radiation workers, and other activities within the scope of state management of radiation safety and control;

c) Ensuring nuclear safety for nuclear facilities in site selection, design, manufacture, construction, operation, and decommissioning of nuclear facilities and nuclear power plants;

d) Implementation of service activities supporting the application of atomic energy in the field of radiation safety and nuclear safety including service registration, professional certificates, service conditions, and service activities according to the registered content.

2. The content of specialized inspection by the General Department includes:

a) Activities related to technical standards, technical regulations, and product quality management; conformity assessment activities; recognition activities of conformity assessment bodies and other activities within the scope of state management of technical standards, technical regulations, and product quality management;

b) Measurement unit usage activities; custody, maintenance, and preservation of measurement standards; production, import, circulation, and use of measuring instruments and measurement standards; calibration, verification, and testing of measuring instruments and measurement standards; production, import, circulation of prepackaged goods; implementation of measurements and other activities within the scope of state management of metrology.

3. The content of specialized inspection by the Ministry Inspectorate includes:

a) The inspection contents stipulated in Clause 1 and Clause 2 of this Article;

b) Scientific research and technological development activities; utilization and dissemination of scientific and technological activity results; registration and activities of scientific and technological organizations; registration, publication, submission of scientific and technological activity results; registration, management, and use of the Science and Technology Development Fund; awarding and granting scientific and technological prizes; other activities within the scope of state management of science and technology;

c) Technology transfer activities; supply and use of technology transfer consulting services; registration of technology transfer contracts; evaluation, examination, and appraisal of technologies and other activities within the scope of state management of technology transfer;

d) Establishment and protection of industrial property rights; industrial property consulting service activities, business activities of industrial property representation services, industrial property appraisal activities, and other activities within the scope of state management of industrial property;

e) Inspection and supervision of the implementation of other legal provisions in the field of science and technology.

4. Provincial Departments of Science and Technology shall conduct inspections and re-inspections of the contents stipulated in Clauses 1, 2, and 3 of this Article within their delegated scope of state management authority.

Article 20. Handling Overlap in Inspection Activities

1. If the inspection plan of a subordinate agency overlaps with that of a superior agency, it shall be implemented according to the inspection plan of the higher-level inspection agency.

2. The Director of the Ministry's Inspectorate is responsible for chairing and coordinating with the Directors of Inspectors of other Ministries and ministerial-level agencies to resolve overlap in scientific and technological inspection activities; coordinating with the Provincial Inspectorate Directors to resolve overlap in scientific and technological inspection activities with local inspection agencies; submitting to the Minister of Science and Technology for consideration and decision when necessary.

3. The Director of the Department's Inspectorate reports to the Provincial Inspectorate Director to handle overlap in inspection activities with local inspection agencies. In cases of overlap with agencies assigned to perform specialized scientific and technological inspection functions, coordination in handling is required; reporting to the Director of the Ministry's Inspectorate for consideration and decision when necessary.

4. The General Department Director and Bureau Director are responsible for coordinating with relevant units within the sector to address arising overlaps; reporting to the Director of the Ministry's Inspectorate for consideration and decision when necessary.

Article 21. Forms and Time Limits for Inspections

1. The forms of inspections are carried out in accordance with Article 37 of the Inspection Law.

2. The time limits for inspections are carried out in accordance with Article 16 of Decree No. 07/2012/NĐ-CP.

Article 22. Re-inspection of Specialized Scientific and Technological Inspection Conclusions

1. The Director of the Ministry's Inspectorate decides on re-inspection of matters already decided by the General Department Director, Bureau Director, and Inspectorate Bureau Director upon assignment by the Minister of Science and Technology.

2. The re-inspection decision includes contents prescribed in Clause 1 of Article 52 of the Inspection Law.

3. The conduct of re-inspection is carried out in accordance with the Inspection Law, Decree No. 86/2011/NĐ-CP, and Decree No. 07/2012/NĐ-CP.

4. The re-inspection conclusion of the Director of the Ministry's Inspectorate is sent to the Minister of Science and Technology and the Government Inspectorate.

Article 23. Construction and Approval of Inspection Plans

1. For administrative inspection activities, the construction and approval of inspection plans are carried out in accordance with Article 36 of the Inspection Law.

2. For specialized scientific and technological inspection activities, the construction and approval of inspection plans are carried out in accordance with Article 39 of Decree No. 07/2012/NĐ-CP, specifically:

a) By no later than October 15 each year, the Ministry's Inspectorate bases its guidance and direction for the construction of inspection plans of the General Departments and Bureaus on the program orientation for inspections, guidelines from the Chief Inspector of the Government Inspectorate, and management requirements of the Ministry of Science and Technology.

b) By no later than November 1 each year, the General Departments and Bureaus base their construction of inspection plans on their own management requirements and guidelines from the Ministry's Inspectorate, and submit these plans to the Ministry's Inspectorate for consolidation and reporting to the Minister of Science and Technology.

c) By no later than November 15 each year, the Ministry's Inspectorate bases its construction of the Ministry's Inspectorate inspection plan and consolidation of the General Departments' and Bureaus' specialized inspection plans on the orientation and guidelines from the Chief Inspector of the Government Inspectorate and management requirements of the Ministry of Science and Technology, and submits them to the Minister of Science and Technology for consideration and approval.

The Minister of Science and Technology considers and approves the specialized scientific and technological inspection plans of agencies performing specialized inspection functions of the Ministry of Science and Technology by no later than November 25 each year.

d) By no later than December 5 each year, the Department's Inspectorate bases its construction and submission of the Department's specialized scientific and technological inspection plan for consideration and approval by the Department of Science and Technology Director on the industry's inspection orientation and management requirements of the Department of Science and Technology.

The Director of the Department of Science and Technology is responsible for considering and approving the Department's Inspectorate inspection plan by no later than December 15 each year.

đ) Depending on the nature, extent, scope, and duration of the inspections, the person deciding on the inspection determines the sending of the approved specialized scientific and technological inspection plan as stipulated in points c and d of Clause 2 of this Article to the inspected entity and related agencies and organizations in accordance with the law on inspection.

Chapter V

RESPONSIBILITIES OF AGENCIES, ORGANIZATIONS, AND INDIVIDUALS IN THE ACTIVITY OF SCIENTIFIC AND TECHNOLOGICAL INSPECTION

Article 24. Responsibilities of the Head of the State Management Agency in the Inspection Activities of the Science and Technology Sector

1. The Minister of Science and Technology is responsible for:

a) Leading and directing inspection activities within the management scope of the Ministry of Science and Technology;

b) Directing the development and approval of inspection programs and plans;

c) Promptly addressing conclusions and recommendations regarding inspection work;

d) Strengthening organizational structure and arranging competent and qualified staff for science and technology inspection work; organizing, directing, and ensuring conditions for the operation of science and technology inspection work;

đ) Ensuring funding and working conditions for agencies performing inspection functions in the field of science and technology;

e) Periodically requiring subordinate agencies under its management to report and reporting periodically to higher-level state management agencies on inspection work. Timely resolving difficulties and obstacles related to inspection work; handling overlapping issues in inspection and supervision activities within its management scope;

g) Other tasks as prescribed by law.

2. The Chairman of the People's Committee of provinces and centrally governed cities shall be responsible for directing the Director of the Department of Science and Technology to strengthen organizational structures, ensure funding, staffing, technical equipment, uniforms, and other necessary conditions for the activities of the Department's Inspectorate.

3. The Director of the Department of Science and Technology shall be responsible for:

a) Leading and directing inspection activities within the management scope of the Department of Science and Technology;

b) Fulfilling responsibilities stipulated at points b, c, d, đ, e, g of Clause 1 of this Article within the scope of the Department's management authority.

4. The General Department Director shall be responsible for organizing and directing activities, strengthening the organizational structure of the advisory unit on specialized inspection work at the General Department; ensuring conditions regarding funding, technical equipment, uniforms, and other necessary conditions serving the operations of the advisory unit on specialized inspection work at the General Department.

5. The Director of the Bureau shall be responsible for organizing and directing activities, strengthening the organizational structure of the Bureau's Inspectorate; ensuring conditions regarding funding, technical equipment, uniforms, and other necessary conditions serving the operations of the Bureau's Inspectorate.

Article 25. Responsibilities and Rights of Agencies, Organizations, and Individuals

1. Responsibilities and rights of agencies, organizations, and individuals subject to inspection and those related to such inspections shall be implemented in accordance with Article 10 of the Inspection Law.

2. Agencies, organizations, and individuals not covered by the provisions of Clause 1 of this Article, upon receiving requests, recommendations, or decisions on handling matters related to inspections from the Ministry of Science and Technology, the Ministry's Inspectorate, the Department of Science and Technology, the Department's Inspectorate, the General Department, the Bureau, or the Bureau's Inspectorate, shall be responsible for implementing them and providing written responses on the implementation of such requests, recommendations, or decisions.

Chapter VI

IMPLEMENTING PROVISIONS

Article 26. Effective date

This Decree takes effect from February 10, 2014, replacing Decree No. 87/2006/NĐ-CP dated August 28, 2006, on the organization and operation of science and technology inspection.

Article 27. Responsibility for Implementation

1. The Minister of Science and Technology is responsible for guiding the implementation of this Decree.

2. 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 enforcing this Decree./.