Decree No. 28/2004/ND-CP Amending and Supplementing Certain Articles of Decree No. 54/2003/ND-CP dated May 19, 2003 of the Government on the Functions, Tasks, Authorities, and Organizational Structure of the Ministry of Science and Technology

DECREE

Amending and supplementing some articles of Decree No. 54/2003/NĐ-CP dated May 19, 2003 of the Government

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

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THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;
Pursuant to Resolution No. 02/2002/QH11 dated August 5, 2002 of the National Assembly of the Socialist Republic of Vietnam, Session I, of the Eleventh Legislature, which stipulates the list of ministries and ministerial-level agencies of the Government;
Pursuant to Decree No. 86/2002/NĐ-CP dated November 5, 2002 of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies;
To ensure reasonable allocation of functions and tasks among ministries and ministerial-level agencies, implementing the principle of administrative reform, where one agency is responsible for one matter;
At the proposal of the Minister of Science and Technology and the Minister of Home Affairs,

DECREE:

Article 1. Amending and supplementing some articles of Decree No. 54/2003/NĐ-CP dated May 19, 2003 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Science and Technology with the following specific contents:

1. Economic organizations conducting foreign exchange trading agency activities; economic organizations conducting foreign currency receipt and payment service provision activities; economic organizations conducting border country currency exchange agency activities.

"Article 1. Position and Function

The Ministry of Science and Technology is an agency of the Government performing the function of state management over scientific and technological activities, development of scientific and technological potential, product quality standards, intellectual property, atomic energy, radiation and nuclear safety, state management of public services within the scope of the Ministry's jurisdiction; representing the State's ownership interest in enterprises with state capital under the Ministry's management in accordance with the provisions of the law."

2. Point c Clause 5 Article 2 shall be amended and supplemented as follows:

"c) Uniformly managing the state on the quality of products and goods circulating domestically and exported/imported goods; stipulating principles, conditions, and criteria for organizations recognizing and certifying product quality; taking the lead and coordinating with relevant ministries and sectors to conclude and implement international agreements and treaties regarding mutual recognition in recognition and certification activities; leading the organization to resolve disputes over product quality according to the provisions of the law."

3. Clause 6 Article 2 shall be amended and supplemented as follows:

- The name of Clause 6 shall be amended to: "6. On intellectual property (excluding copyright for literary and artistic works). - Supplementing Point d into Clause 6 Article 2 of Decree No. 54/2003/NĐ-CP:
"d) Leading the organization to resolve disputes over industrial property and commercial disputes related to industrial property according to the provisions of the law."

Article 2. Effective Date

This Decree shall take effect fifteen days after its publication in the Official Gazette.

Article 3. Responsibility for Implementation

The Minister of Science and Technology, ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, and Chairpersons of People's Committees of provinces and centrally-administered cities are responsible for implementing this Decree.