Decree No. 27/2017/ND-CP amends and supplements some articles of Decree No. 213/2013/ND-CP dated December 20, 2013 of the Government on the organization and operation of inspection in the Science and Technology sector.

DECREE

Provincial People's Committees set specific pricesAmending and supplementing some articles of the Decree number 213/2013/NĐ-CP

dated December 20, 2013 of the Government on the organization

and operation of inspection in the science and technology sector

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Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Law on Science and Technology dated June 18, 2013;

Pursuant to the Inspection Law dated November 15, 20100;

Based on the Administrative Violation Handling Law dated June 20, 2012;

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

The Government promulgates this Decree amending and supplementing some articles of Decree No. 213/2013/NĐ-CP dated December 20, 2013 of the Government on the organization and operation of inspection in the Science and Technology sector.

Article 1. Amending and supplementing some articles of Decree No. 213/2013/NĐ-CP dated December 20, 2013 of the Government on the organization and operation of inspection in the Science and Technology sector as follows:

1. Supplementing Point c to Clause 2 of Article 4 as follows:

"c) Standard Measurement Quality Control Agency under the Department of Science and Technology of provinces and centrally governed cities."

2. Amendment and supplementation of Article 9 as follows:

"Article 9. Tasks and powers of the General Bureau of Standardization, Measurement and Quality Control and its Director; Radiation Safety and Nuclear Safety Agency and its Director; Standard Measurement Quality Control Agency and its Director. The General Bureau of Standardization, Measurement and Quality Control (hereinafter referred to as the General Bureau) and its Director; Radiation Safety and Nuclear Safety Agency (hereinafter referred to as the Agency) and its Director; Standard Measurement Quality Control Agency (hereinafter referred to as the Agency) and its Director shall perform the tasks and powers prescribed in Articles 10 and 11 of Decree No. 07/2012/NĐ-CP dated February 9, 2012 of the Government on agencies entrusted with the function of specialized inspection and specialized inspection activities.

2. The Director of the Agency has the authority to impose administrative penalties corresponding to the authority of the Inspector General of the Department to impose administrative penalties as stipulated in Clause 2 of Article 46 of the Law on Handling Administrative Violations and the Decree on administrative penalties in the field of standardization, measurement, and product quality.

3. Supplement Article 10a after Article 10 as follows:

"Article 10a. Advisory unit for specialized inspection work at the Agency

The advisory unit for inspection work at the Agency belongs to the specialized department of the Agency, assigned by the Director of the Agency. The advisory unit for inspection work at the Agency has the following tasks and powers:

1. To take the lead and coordinate with relevant units in building the inspection program and plan of the Agency;

2. To assist the Director of the Agency in implementing inspection activities within the Director's authority;

3. To participate in inspections according to the plan, regular inspections, and spot inspections when assigned by the Director of the Agency;

4. To compile and build reports on the results of specialized inspection work, complaints and denunciations, and anti-corruption measures of the Agency to be submitted to the Inspectorate of the Department and the General Bureau as required by law;

5. To monitor, urge, and inspect the implementation of conclusions, recommendations, and decisions on handling inspections made by the Director of the Agency;

6. To perform other tasks assigned by the Director of the Agency and as stipulated by law."

4. Amending and supplementing Clause 1, Clause 2 and supplementing Clause 4a after Clause 4 of Article 12 as follows:

a) Amending and supplementing Clause 1, Clause 2 of Article 12 as follows:

"1. The Ministry's Inspectorate guides the specialized inspection business of science and technology for the General Bureau, the Agency, the Inspectorate of the Agency, the Inspectorate of the Department, and the Agency.2. The General Bureau, the Agency, and the Inspectorate of the Agency implement the guidance on work and specialized inspection business of science and technology from the Ministry's Inspectorate; support the Ministry's Inspectorate in guiding the specialized inspection business of science and technology for the Inspectorate of the Department and the Agency; cooperate with the Inspectorate of the Department and the Agency when conducting specialized inspection activities within their delegated authority."

b) Supplementing Clause 4a after Clause 4 of Article 12 as follows:

"4a. The Agency is responsible for implementing guidance on specialized inspection business of science and technology from the Ministry's Inspectorate, the Inspectorate of the Department, and the General Bureau; dispatching staff to participate in cooperation for specialized inspection of science and technology with the Ministry's Inspectorate, the General Bureau, the Agency, the Inspectorate of the Agency, and the Inspectorate of the Department upon request."

5. Amend and supplement Clause 3 of Article 14 as follows:

"3. Specialized inspectors of science and technology may only use identification cards and uniforms issued when performing specialized inspection duties as prescribed by law."

6. Supplementing Clause 5 to Article 19 as follows:

"5. The Agency conducts inspections on the contents prescribed in Clause 2 of this Article within the scope of its delegated state management authority."

7. Supplementing Clause 3a after Clause 3 of Article 20 as follows:

"3a. The Director of the Agency reports to the Inspector General of the Department to handle overlapping activities in specialized inspection with specialized inspection agencies of the locality."

8. Supplementing Clause 1a after Clause 1 of Article 22 as follows:

"1a. The Inspector General of the Department decides to re-inspect cases concluded by the Director of the Agency but found to have signs of violation of laws upon assignment by the Director of the Department."

9. Amending and supplementing Point d Clause 2 of Article 23 as follows:

"d) By the latest on November 20 each year, the Agency bases on the inspection orientation of the standardization, measurement, and quality control sector and the management requirements of the Agency to build and send the inspection plan to the Inspectorate of the Department for consolidation and reporting to the Director of the Department. By the latest on December 5 each year, based on the inspection orientation of the science and technology sector and the management requirements of the Department of Science and Technology, the Inspectorate of the Department is responsible for building the inspection plan of the Inspectorate of the Department and consolidating the specialized inspection plans of the Agency, submitting to the Director of the Department for examination and approval. The Director of the Department of Science and Technology is responsible for examining and approving the Department's inspection plan by the latest on December 15 each year;"

10. Amending and supplementing Clause 2 and supplementing Clause 6 to Article 24 as follows:

a) Amend and supplement Clause 2 of Article 24 as follows:

"2. The Chairman of the People's Committee of the province, centrally governed city is responsible for directing the Director of the Department of Science and Technology to ensure funding, uniforms, and other necessary conditions for the operation of the Inspectorate of the Department and the Agency."

b) Supplementing Clause 6 to Article 24 as follows:

"6. The Director of the Agency is responsible for organizing and directing the specialized inspection activities of the Agency; ensuring conditions regarding funding, technical equipment, uniforms, and other necessary conditions to serve the specialized inspection activities of the Agency."

11. Amend and supplement Clause 2 of Article 25 as follows:

"2. Agencies, organizations, and individuals not falling within the scope prescribed in 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 Inspectorate of the Ministry, the Department of Science and Technology, the Inspectorate of the Department, the General Administration, the Bureau, the Inspectorate of the Bureau, or the Agency shall be responsible for implementing them and providing written responses regarding the implementation of such requests, recommendations, or decisions."

Article 2. Implementation clause

1. This Decree takes effect from the date of issuance.

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

3. The Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees under central cities are responsible for implementing this Decree./.