Decision No. 236/2003/QĐ-BCN on Approving the Charter of Organization and Operation of the Information Center

DECISION OF THE MINISTER OF INDUSTRY

Regarding the Approval of the Charter on Organization and Operation of the Center for Industrial Information Technology

THE MINISTER OF INDUSTRY

Pursuant to Decree No. 55/2003/NĐ-CP dated May 28, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry;

Pursuant to Resolution No. 49/CP dated August 4, 1993 of the Government on the development of information technology and Decision No. 117/2003/QĐ-BCN dated July 7, 2003 of the Ministry of Industry regarding the functions, tasks, authorities, and organizational structure of the Center for Industrial Information Technology;

Considering the proposal of the Director of the Center for Industrial Information Technology (Letter No. 36/CV TTTH-TH dated November 19, 2003);

At the suggestion of the Director of the Department of Organization and Cadres,

DECISION:

Article 1. Approves the Charter on Organization and Operation of the Center for Industrial Information Technology attached hereto.

Article 2. The Standard Measurement Quality Control Department shall be responsible for organizing and guiding the implementation of the Regulations adopted herein.

The Head of the Ministry’s Office, the Inspector General of the Ministry, Heads of Departments, Directors of Bureaus, Heads of agencies and units under the Ministry, and the Director of the Center for Industrial Information Technology are responsible for implementing this Decision ./.

CHARTER

ORGANIZATION AND OPERATION OF THE INFORMATION CENTER

(Issued together with Decision No. 236/2003/QĐ-BCN

dated December 29, 2003 of the Minister of Industry)

PART I

GENERAL PROVISIONS

Article 1The Center for Industrial Information Technology (hereinafter referred to as the Center) is a public service unit directly subordinate to the Ministry of Industry with the function of researching, applying, implementing, and developing administrative management information technology for state administration; organizing information activities, investment advisory services; training and enhancing cadres, civil servants, and employees in accordance with the provisions of the law.

The Center is subject to comprehensive and direct leadership and management by the Ministry of Industry, technical guidance by the Ministry of Science and Technology, and business guidance by relevant ministries managing state affairs; it enjoys policies and systems of the State applicable to the national scientific research and technological system.

Article 2. The Center has legal personality, operates based on public funds provided by the State budget and certain revenue-generating activities, and can open accounts at State banks and treasuries (including foreign currency accounts), and has seals for its operations and transactions in accordance with the law.

International trade name: Center for Industrial Information Technology Abbreviation: CIIT

Main office: No. 54, Hai Ba Trung Street, Hoan Kiem District, Hanoi City.

Article 3. The Center has the following main tasks:

1. Developing long-term and annual plans for investment in the development of information technology to serve the administrative management work of the Ministry; organizing implementation after approval.

2. Guiding the use and exploitation of information to serve the administrative management work of the Ministry to ensure convenience, safety, and efficiency.

3. Building, operating, and developing information systems and technical infrastructure for information technology within the Ministry's offices in Hanoi City and the Ministry's Representative Office in Ho Chi Minh City to serve the directive and operational work of the Ministry's leadership.

4. Cooperating with functional agencies of the Ministry to organize research and application of information technology in the industry sector.

5. Implementing cooperative exchanges of information technology with domestic and foreign agencies and units in accordance with the law;

6. Participating in the review of information technology projects managed by the Ministry; receiving, managing, and operating information technology systems handed over to the Ministry through government information technology projects or domestic and foreign organizations.

7. Organizing conferences and seminars to disseminate new technologies and exchange experiences in the application of information technology in the industry sector.

8. Organizing training and enhancement of expertise in information technology for cadres and civil servants of the Ministry.

9. Providing consulting and technical services related to information technology.

10. Providing and developing information technology products.

11. Managing organization, staffing, and assets assigned in accordance with the law and the Ministry's delegated management.

Chapter II

TASKS IN MANAGEMENT ASPECTS

Section 1. PLANNING AND INVESTMENT

Article 4. The Center builds and submits to the Ministry of Industry for approval five-year and annual plans, including:

1. Plan for investment in the development of information technology to serve the administrative management work of the Ministry;

2. Material and equipment plan;

3. Plan for providing consulting and technical services and developing information technology products for agencies and units within the industry;

4. Plan for the development of information technology science and technology;

5. Financial plan;

6. Labor and salary plan;

7. Training and enhancement plan for cadres, civil servants, and employees in information technology.

Article 5. The Center is entrusted by the Ministry to organize and implement investment projects in information technology using state budget funds, and the Center is responsible for:

1. Preparing and submitting to the Ministry for approval the investment preparation and implementation plans;

2. Organizing bidding procedures and implementing construction steps according to the Ministry's delegated management levels and state regulations;

3. Submitting to the Ministry for decision-making on design modifications, changes in technical solutions, or changes in total investment amounts already approved;

4. For projects using self-funded or self-raised capital, the Center implements according to current laws.

5. Signing economic contracts related to assigned tasks.

Section 2. SCIENCE AND TECHNOLOGY ACTIVITIES

Article 6. The Center is responsible for building five-year and annual plans for research, application, and development of information technology science and technology, including the following parts:

1. Tasks of research, application, and development of information technology science and technology assigned by the State and the Ministry of Industry through annual research contracts.

2. Tasks of research and development of information technology science and technology through economic contracts with agencies, organizations, production and business establishments within and outside the industry.

3. Tasks of implementing applications, transferring information technology, consulting, and scientific and technical services according to plans developed by the Center itself.

Article 7. The procedure for evaluating and accepting research projects is carried out as follows:

1. Research projects ordered and contracted economically are accepted by the ordering party.

2. For research projects of the Center, the Center conducts acceptance.

Article 8. For research results in information technology science and technology created by the Center, the Center has the following responsibilities and authorities:

1. Registering copyrights with state management agencies and requesting state protection.

2. For research results (including samples) belonging to the ordering party and the contracting party, the Center is responsible for:

a) Safeguarding safely and keeping confidential in accordance with state regulations;

b) When publishing, exchanging, or transferring, it is decided by the competent authority of the State or the parties to the contract.

Section 3. FINANCE AND ASSETS

Article 9. The sources of financial assurance for the Center's activities include:

1. Operating funds from the state budget, research topics in science and technology through national, ministry, and department-level research contracts.

2. Revenue from economic contracts with internal and external agencies regarding pre-feasibility study reports, feasibility study reports, design, installation, provision of equipment, technology transfer, advertising information, training - enhancement on management, expertise, and vocational skills for those in need.

3. Revenue from production - business experimentation, specialized scientific and technical services, and other industrial services as prescribed by law.

4. Financial sponsorship from organizations, enterprises, and individuals both domestically and internationally investing in research and implementation of scientific and technological cooperation programs with the Center;

5. Credit loans and capital mobilization among staff inside and outside the Center according to the regulations of the State Bank;

6. Supplementary capital from the Center's operations after fulfilling its obligations to the State.

Article 10. The Center is autonomous in finance, actively creates capital, and establishes and uses various types of funds effectively for their intended purposes in accordance with current State regulations.

Article 11. Arbitration must prepare quarterly and annual revenue and expenditure plans, submit accounting and statistical reports, and settle accounts according to legal regulations on accounting and statistics.

Article 12. The assets of the Center include fixed assets and movable assets transferred by the State and the Ministry of Industry, and those acquired by the Center itself. The Center is responsible for:

1. Properly preserving and using assets efficiently within the scope of the Center's activities.

2. Fully registering and recording all assets in ledgers as prescribed by the State.

Article 13. Liquidation, transfer, and reallocation of the Center's assets must be carried out in accordance with the provisions of the law.

Section 4. LABOR AND WAGES

Article 14. Within the authorized establishment limit granted by the State, the Center is responsible for:

1. Establishing and organizing recruitment examinations, selection, hiring of professional and vocational civil servants, and implementing labor policies and regulations as prescribed by law.

2. The Center may use the form of signing contracts to hire experts, collaborators, and workers to perform professional tasks, services, and production - business activities.

Article 15Based on the State's wage system, the wage fund from the budget, and revenue from technology transfer activities, services, and production - business activities, the Center builds a wage distribution regulation, reports to the Ministry, and implements it.

Article 16Implementing technical safety and labor protection for employees and equipment of the Center in accordance with the law.

Chapter III

ORGANIZATIONAL MANAGEMENT OF THE CENTER

Article 17. The organizational structure of the Center includes:

1. Leadership:

a) Director;

b) Deputy Directors.

2. Professional Departments:

a) Operations Department;

b) System Development Department;

c) General Department.

3. Service and technology transfer facilities:

Experimental workshop, product showroom, supply of computer equipment and materials.

The establishment or dissolution of departments (bureaus), workshops, stores, and the definition of functions, duties, appointment or removal of heads and deputy heads of departments (bureaus), store managers, and workshop directors are decided by the Center Director after obtaining approval from the Ministry.

Article 18. The Center operates under a directorate system; the Center Director is appointed and removed by the Minister of Industry and is accountable to the Minister and the law for all activities of the Center.

Article 19. The Center Director has the following main responsibilities:

1. Organizing and managing the Center's activities in compliance with laws and State regulations.

2. Developing and implementing five-year and annual programs and plans; summarizing, concluding, reporting regularly and ad hoc on the Center's operational situation to the Minister.

3. Defining the duties and authorities of subordinate units based on the Center's Organization and Operation Charter.

4. Implementing State policies and systems for cadres, workers, and civil servants in line with the Center's mission and conditions to maximize each member's professional and vocational strengths.

5. Deciding on appointments, dismissals, receptions, transfers, salary increases, retirement benefits, rewards, punishments, sending for studies, domestic and foreign missions, etc., according to the Ministry of Industry's cadre management hierarchy.

6. Managing and utilizing the Center's material and technical infrastructure, capital, and assets efficiently in accordance with State regulations.

7. Within the assigned authority, issuing management regulations consistent with current State regulations to standardize the Center's activities.

8. Convening and chairing Center meetings and establishing advisory boards.

In the absence of the Director, a Deputy Director is delegated to manage and handle affairs, but the Center Director remains accountable to the Ministry and the law for such delegation.

Article 20. The Deputy Directors assist the Center Director, are assigned specific tasks by the Director, and are accountable to the Director, the Ministry, and the law for their assigned duties.

The appointment and removal of Deputy Directors are proposed by the Center Director and decided by the Minister of Industry.

Article 21Professional and technical departments have the following main responsibilities:

1. Managing one or more aspects of work according to the functions and tasks assigned.

2. Proposing projects, plans, work policies, draft management decisions for the Center Director's consideration and decision.

3. Implementing the Director's decisions and handling regular tasks within their functional and assigned duties.

Article 22Service, production, and technology transfer departments without legal personality are established, defined in terms of functions, duties, and authorities, and their managerial positions are appointed by the Director.

Article 23. Advisory Boards

1. The establishment of advisory boards (scientific, salary adjustment, recruitment and examination of civil servants, competition, reward, punishment...) is decided by the Director and each board has its own operational charter.

2. The Scientific Council of the Center is an advisory body that assists the Director in making decisions on major and important scientific issues when necessary; the Council consists of: Chairman, Vice-Chairman, Secretary, and some management staff, economic experts, and science and technology researchers who are specialists with capacity in the field of information science and technology activities.

3. The Scientific Council has the following tasks:

a) Discussing strategies for development, policies, training, and international cooperation in the field of information technology.

b) Discussing and approving long-term, five-year, and annual plans regarding research and implementation of science and technology at the Center.

c) Nominating the heads of programs, projects, and topics; reviewing outlines, examining, and evaluating the results of research topics at the Center level, conducting internal evaluations of research works at the Ministry and State levels.

Article 24. Duties and powers of employees.

1. Being assigned clear tasks and having the responsibility to complete them well.

2. Strictly comply with the regulations and decisions of the Center Director and current laws.

3. Be entitled to use work equipment as required by their job and have the obligation to maintain and preserve the Center's common assets.

4. Participate in discussions and provide opinions on building work programs, plans, mid-term reviews, and final summaries of their units and the Center. Propose measures to improve organizational management, working conditions, material and spiritual life, environmental hygiene, and training and development of employees to meet the Center's requirements.

5. Participate in discussions and build regulations on organizational management, rights, and obligations of employees within the Center.

6. Be entitled to propose to the Director for allocation, utilization, and implementation of state policies and systems for employees according to the Labor Code.

Article 25. Organizational Party Cells of the Communist Party of Vietnam and mass organizations.

1. The Center has a Communist Party of Vietnam grassroots organization operating under the Party Charter, with the task of leading the Center to implement the Party's guidelines, policies, and state laws, mobilizing all Party members and the masses to unite and effectively fulfill the Center's political tasks.

2. Grassroots organizations of the Vietnam General Confederation of Labor and the Ho Chi Minh Communist Youth Union in the Center are established and operate under the Trade Union Law, the Ho Chi Minh Communist Youth Union Charter, and are subject to comprehensive and direct leadership by the Communist Party of Vietnam grassroots organization in the Center.

Chapter IV

RELATIONSHIPS OF THE CENTER WITH OTHER AUTHORITIES

Article 26. The Center is under comprehensive and direct leadership and management by the Ministry of Industry, professional guidance and direction by the Ministry of Science and Technology, relevant state management agencies, and administrative management by the People's Committee of the locality where the Center is headquartered.

Article 27. The Center is permitted to cooperate and coordinate with functional departments, specialized state management agencies under the Ministry, scientific and technological research units, information media, educational institutions, enterprises, and other organizations across all fields to carry out its tasks nationwide.

The Center is allowed to establish cooperative relationships for scientific research, technology implementation, and cadre training and development with organizations both domestically and internationally in accordance with the law.

Article 28. The Center Director may attend meetings of the Ministry's leadership concerning issues related to the Center's functions, tasks, organization, and operations.

Article 29. The relationship between the Center Director and the Party Committee is implemented according to Decision No. 51/QĐ-TW dated November 19, 1992, of the Central Committee of the Communist Party of Vietnam.

Article 30. Relationship The relationship between the Center Director and the Ho Chi Minh Communist Youth Union's grassroots committee is a cooperative relationship aimed at resolving issues related to the fulfillment of the Youth Union's functions, tasks, responsibilities, powers, obligations, and rights according to the 1990 Trade Union Law.

Article 31. The Center Director creates favorable working conditions and provides necessary information for the Ho Chi Minh Communist Youth Union to perform its functions, tasks, powers, and obligations according to the Ho Chi Minh Communist Youth Union Charter.

Chapter V

IMPLEMENTING PROVISIONS

Article 32. These Bylaws apply to the Computing Center; subordinate units, officers, workers, and staff within the Center shall be responsible for implementing these Bylaws.

Article 33. Based on the provisions set forth in these Bylaws, the Director of the Center is responsible for establishing and promulgating internal regulations and rules regarding the functions, duties, and authorities of each department within the organizational structure to ensure that the Center's activities are conducted in an orderly manner.

Article 34. Any amendments, additions, or adjustments to these Bylaws shall be proposed by the Director of the Center and reviewed and decided upon by the Minister of Industry./.