Decree No. 28/2008/ND-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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THE GOVERNMENT

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

BASED ON THE GOVERNMENT DECREE NO. 178/2007/NĐ-CP OF DECEMBER 3, 2007, DEFINING THE FUNCTIONS, TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF MINISTRIES AND GOVERNMENTAL BODIES AT THE MINISTRY LEVEL,

CONSIDERING THE PROPOSALS OF THE MINISTER OF SCIENCE AND TECHNOLOGY AND THE MINISTER OF HOME AFFAIRS,

DECREE:

Article 1. Position and Functions

THE MINISTRY OF SCIENCE AND TECHNOLOGY IS A GOVERNMENT BODY RESPONSIBLE FOR MANAGING NATIONAL AFFAIRS IN THE FIELDS OF SCIENCE AND TECHNOLOGY, INCLUDING: SCIENTIFIC AND TECHNOLOGICAL ACTIVITIES; DEVELOPMENT OF SCIENTIFIC AND TECHNOLOGICAL POTENTIAL; INTELLECTUAL PROPERTY; STANDARDS, MEASUREMENTS, AND QUALITY CONTROL; ATOMIC ENERGY, RADIATION SAFETY, AND NUCLEAR SAFETY; MANAGEMENT OF PUBLIC SERVICES UNDER THE MINISTRY'S JURISDICTION AS PROVIDED BY 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 IS RESPONSIBLE FOR PERFORMING TASKS AND POWERS AS PROVIDED IN THE GOVERNMENT DECREE NO. 178/2007/NĐ-CP OF DECEMBER 3, 2007, DEFINING THE FUNCTIONS, TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF MINISTRIES AND GOVERNMENTAL BODIES AT THE MINISTRY LEVEL, AND THE FOLLOWING SPECIFIC TASKS AND POWERS:

1. SUBMITTING TO THE GOVERNMENT PROJECTS OF LAWS, DRAFT RESOLUTIONS OF THE NATIONAL ASSEMBLY, PROJECTS OF ORDINANCES, DRAFT RESOLUTIONS OF THE NATIONAL ASSEMBLY’S STANDING COMMITTEE, DRAFT RESOLUTIONS AND DECISIONS OF THE GOVERNMENT ACCORDING TO THE ANNUAL LEGISLATIVE PROGRAM OF THE MINISTRY APPROVED AND PROJECTS AND PROPOSALS ACCORDING TO THE ASSIGNMENTS OF THE GOVERNMENT AND THE PRIME MINISTER.

2. SUBMITTING TO THE PRIME MINISTER STRATEGIES, PLANS FOR DEVELOPMENT, LONG-TERM, FIVE-YEAR, AND ANNUAL PLANS FOR THE ENTIRE SECTOR; NETWORK PLANS FOR RESEARCH AND DEVELOPMENT ORGANIZATIONS; APPROVING RESEARCH AND DEVELOPMENT PROGRAMS, TARGET PROGRAMS, AND IMPORTANT NATIONAL PROJECTS; DRAFT DECISIONS AND DIRECTIVES WITHIN THE AUTHORITY OF THE PRIME MINISTER.

3. APPROVING STRATEGIES, PLANS, AND PROGRAMS FOR DEVELOPING INDUSTRIES AND SECTORS UNDER THE MINISTRY'S JURISDICTION ACCORDING TO THE DELEGATION AND AUTHORIZATION OF THE PRIME MINISTER.

4. ISSUING DECISIONS, DIRECTIVES, AND CIRCULARS; ESTABLISHING AND ISSUING TECHNICAL STANDARDS, REGULATIONS, PROCEDURES, AND ECONOMIC-TECHNICAL QUOTAS IN INDUSTRIES AND SECTORS UNDER THE MINISTRY'S JURISDICTION.

5. DIRECTING, GUIDING, INSPECTING, AND IMPLEMENTING LEGAL REGULATIONS, STRATEGIES, PLANS, AND PROGRAMS AFTER APPROVAL; PROMOTING AND EDUCATING ABOUT LEGAL REGULATIONS; DIRECTING AND GUIDING THE OPERATIONS OF SPECIALIZED AGENCIES IN SECTORS UNDER THE MINISTRY'S JURISDICTION; MANAGING, GUIDING, AND INSPECTING BUSINESS ACTIVITIES WITH CONDITIONS AS LISTED BY THE GOVERNMENT.

6. MANAGING THE ISSUE, MODIFICATION, REVOCATION, AND EXTENSION OF LICENSES, CERTIFICATES, AND REGISTRATIONS IN SECTORS UNDER THE MINISTRY'S JURISDICTION AS PROVIDED BY LAW.

7. REGARDING SCIENTIFIC AND TECHNOLOGICAL ACTIVITIES:

a) DIRECTING THE IMPLEMENTATION OF FIVE-YEAR AND ANNUAL RESEARCH DIRECTIONS, OBJECTIVES, AND TASKS, TECHNOLOGY TRANSFER, AND PROMOTING THE FORMATION OF ECONOMIC-TECHNICAL SECTORS BASED ON TECHNOLOGICAL INNOVATION, FOCUSING ON DEVELOPING NEW AND HIGH-TECH TECHNOLOGIES;

b) LEADING AND GUIDING MINISTRIES AND LOCALITIES IN TRANSFORMING STATE-OWNED SCIENTIFIC AND TECHNOLOGICAL ORGANIZATIONS INTO AUTONOMOUS AND SELF-RESPONSIBLE ENTITIES; GUIDING THE ESTABLISHMENT AND DEVELOPMENT OF SCIENTIFIC AND TECHNOLOGICAL ENTERPRISES; SUPPORTING INDIVIDUALS AND ORGANIZATIONS IN UTILIZING INVENTIONS AND TECHNICAL IMPROVEMENTS IN PRODUCTION; GUIDING INDIVIDUALS AND ORGANIZATIONS IN IMPLEMENTING TECHNOLOGY INCUBATION AND SCIENTIFIC AND TECHNOLOGICAL ENTERPRISE INCUBATION ACTIVITIES;

c) MANAGING NATIONAL HIGH-TECH ZONES IN TERMS OF BUILDING AND SUBMITTING CRITERIA AND CONDITIONS FOR THE FORMATION OF HIGH-TECH ZONES TO THE GOVERNMENT FOR ENACTMENT, AND DEVELOPING POLICIES FOR HIGH-TECH DEVELOPMENT; DIRECTLY MANAGING THE HOA LAC HIGH-TECH ZONE;

d) REGULATING THE DETERMINATION AND SELECTION, REVIEW, EVALUATION, AND ACCEPTANCE OF SCIENTIFIC AND TECHNOLOGICAL TASKS; PROMOTING THE APPLICATION, PUBLICATION, AND PUBLICITY OF SCIENTIFIC AND TECHNOLOGICAL RESEARCH RESULTS; MANAGING NATIONAL KEY SCIENTIFIC AND TECHNOLOGICAL TASKS;

đ) REGULATING, GUIDING, AND IMPLEMENTING REGISTRATION REQUIREMENTS FOR RESEARCH AND DEVELOPMENT ORGANIZATIONS AND SCIENTIFIC AND TECHNOLOGICAL SERVICE PROVIDERS AS PROVIDED BY LAW;

e) REGULATING, GUIDING, AND IMPLEMENTING REGISTRATION REQUIREMENTS FOR SCIENTIFIC AND TECHNOLOGICAL DEVELOPMENT FUNDS AT VARIOUS LEVELS (NATIONAL, MINISTRY, PROVINCE, ORGANIZATION, AND INDIVIDUAL), TECHNOLOGY INNOVATION FUNDS, AND HIGH-TECH INVESTMENT FUNDS AS PROVIDED BY LAW;

g) REGULATING TECHNOLOGY TRANSFER AND TECHNOLOGY TRANSFER CONSULTANCY SERVICES; GUIDING ACTIVITIES OF TECHNOLOGY EVALUATION, VALUATION, AUDIT, AND APPRAISAL; REGISTERING TECHNOLOGY TRANSFER CONTRACTS ACCORDING TO DELEGATED AUTHORITY; REVIEWING THE SCIENTIFIC AND TECHNOLOGICAL CONTENT OF INVESTMENT PROJECTS AND ECONOMIC-SOCIAL DEVELOPMENT PLANS WITHIN THE AUTHORITY OF THE PRIME MINISTER AND CONDITIONAL INVESTMENT PROJECTS; ESTABLISHING AND ENACTING LISTS OF TECHNOLOGIES ENCOURAGED FOR TRANSFER, RESTRICTED FROM TRANSFER, AND PROHIBITED FROM TRANSFER;

h) SERVING AS THE STANDING COMMITTEE OF THE NATIONAL SCIENCE AND TECHNOLOGY POLICY COUNCIL, THE STANDING COMMITTEE OF THE HO CHI MINH AWARD AND THE STATE AWARD FOR SCIENCE AND TECHNOLOGY;

i) GUIDING MINISTRIES AND LOCALITIES ON THE MANAGEMENT OF SCIENTIFIC AND TECHNOLOGICAL ACTIVITIES.

8. REGARDING THE DEVELOPMENT OF SCIENTIFIC AND TECHNOLOGICAL CAPACITY:

a) LEADING AND COOPERATING WITH MINISTRIES, SECTORS, AND LOCALITIES IN DEVELOPING PLANS FOR THE NATIONAL NETWORK OF RESEARCH AND DEVELOPMENT ORGANIZATIONS. SPECIFYING THE CONDITIONS FOR THE OPERATION OF DIFFERENT TYPES OF RESEARCH AND DEVELOPMENT ORGANIZATIONS AND SCIENTIFIC AND TECHNOLOGICAL SERVICE PROVIDERS; GUIDING MINISTRIES AND SECTORS IN MANAGING NATIONAL KEY LABORATORIES;

b) BUILDING AND SUBMITTING TO AUTHORITIES FOR ENACTMENT AND IMPLEMENTATION OF MECHANISMS AND POLICIES FOR THE USE AND EMPLOYMENT OF DOMESTIC AND FOREIGN SCIENTIFIC AND TECHNOLOGICAL PERSONNEL; IMPLEMENTING A COMPREHENSIVE TRAINING PLAN TO BUILD A TEAM OF TOP EXPERTS AND SUPPORT THE DEVELOPMENT OF SCIENTIFIC AND TECHNOLOGICAL FORCES.

c) Coordinate with the Ministry of Finance to develop financial mechanisms for the development of science and technology and measures to implement socialized activities in science and technology; coordinate with the Ministry of Planning and Investment to establish the capital structure allocated from the state budget for science and technology, distributed by industry and field, and review and supervise the implementation of annual budget allocation plans for science and technology; inspect and supervise the use of the science and technology budget for ministries, sectors, and localities in accordance with the State Budget Law and in line with the characteristics of science and technology activities;

d) Specify and guide information, communication, library, statistical activities in science and technology and market development for technology; direct and guide the operation of the network of organizations providing scientific and technological information services; build technical infrastructure for scientific and technological information and statistics, organize technology and equipment markets, technology transaction centers, scientific and technological exhibitions, build databases on human resources and scientific and technological achievements, invest in developing advanced scientific and technological information networks connected to regions and internationally;

9. On intellectual property:

a) Assist the Government in uniformly managing state affairs regarding intellectual property: inspect the implementation of legal provisions on intellectual property; specify procedures and formalities for registering and establishing intellectual property rights, the use and transfer of intellectual property assets of organizations and individuals;

b) Organize the establishment of industrial property rights, including trademarks; implement measures to protect the legitimate rights and interests of the State, organizations, and individuals in the field of industrial property;

c) Specify and direct the activities of the system of organizations managing industrial property activities; provide guidance on industrial property business operations for relevant industries, localities, enterprises, and institutions;

d) Take the lead in organizing the resolution of disputes over industrial property and commercial disputes related to industrial property in accordance with the law;

đ) Coordinate with the Ministry of Culture, Sports and Tourism, the Ministry of Information and Communications, and the Ministry of Agriculture and Rural Development to manage state affairs regarding intellectual property in relevant fields according to the division of labor assigned by the Government;

10. On standards, measurement, and quality:

a) Manage the system of Vietnamese standards and technical regulations; appraise and announce national standards; guide the construction and appraisal of national technical regulations; organize the construction of national standards and technical regulations within the management sector; guide the application of international standards, regional standards, and foreign standards in Vietnam; organize and manage the activities of the national network for notifying and answering technical barriers in trade; manage state affairs regarding product and commodity numbering, barcodes, and classification;

b) Manage the system of measurement standards; specify measuring methods, measurement procedures, and measurement instruments; organize and manage the activities of calibrating measurement instruments; certify reference materials, approve measurement instrument models, certify calibration personnel; specify conditions for calibration activities and recognition of calibration facilities;

c) Lead and coordinate with relevant ministries and sectors to organize the implementation of state management over the quality of goods circulating in the market, exported goods, and imported goods in accordance with the law; guide and manage conformity assessment activities based on standards and technical regulations, recognize the competence of testing laboratories, calibration laboratories, conformity assessment organizations, and inspection organizations; take the lead in implementing the national program to improve productivity, quality, and competitiveness of products and goods; implement international agreements and treaties on mutual recognition of conformity assessment results based on standards and technical regulations, measurements, and product and commodity quality;

11. On atomic energy, radiation safety, and nuclear safety:

a) Guide and inspect the implementation of programs and projects applying atomic energy; organize the deployment of atomic energy application activities in economic and technical sectors nationwide;

b) Operate the national environmental radiation monitoring network and the national standard laboratory system in the field of radiation and nuclear measurement;

c) Specify and guide the declaration and issuance of permits for radiation safety and nuclear safety. Conduct inspections and handle violations in the development of atomic energy applications and ensure radiation safety and nuclear safety;

d) Uniformly manage nuclear fuel, nuclear materials, nuclear source materials, and service activities supporting atomic energy applications; manage the import and export of technology, equipment, nuclear fuel, nuclear materials, and radioactive sources serving the deployment of atomic energy applications nationwide;

đ) Specify the management of radioactive waste, control and handle radiation incidents and nuclear incidents;

12. On public services:

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

b) Develop procedures, formalities, and economic-technical norms for organizational activities providing public services under the jurisdiction of the Ministry;

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

13. Management of specialized civil servant ranks in science and technology:

a) Manage the rank of science and technology civil servants in accordance with the law;

b) Issue professional and vocational standards for the rank of civil servants in the sectors and fields managed by the Ministry after receiving the appraisal opinion of the Ministry of Home Affairs; build professional and vocational standards for the rank of civil servants in the sectors and fields managed by the Ministry for the Ministry of Home Affairs to issue; issue specific vocational standards for heads of specialized agencies under the provincial People's Committees directly under the Central Government in the sectors and fields managed by the Ministry;

c) Organize examinations for promotion to higher ranks and recognize the results of such examinations for the ranks of science and technology civil servants in accordance with the law.

14. Regarding international cooperation:

a) Implement programs, agreements, cooperation arrangements, integration projects at the international and regional levels in science and technology that have been approved; deploy a network of overseas scientific and technological representatives according to the Government's 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 sectors and fields managed by the Ministry pursuant to the delegation and authorization of the Government and the Prime Minister;

15. Guide and inspect the Ministries, ministerial-level agencies, governmental agencies, and provincial People's Committees on the implementation of policies, regulations of the law, and professional matters within the scope of the Ministry’s state management;

16. Guide and create conditions for Associations, Industry Associations, non-governmental organizations (referred to as Associations) to participate in industry activities; organize the collection of opinions from Associations to improve state management regulations on science and technology; inspect the implementation of state regulations concerning Associations;

17. Manage and organize the implementation of investment projects under the Ministry in accordance with laws on investment and construction;

18. Organize and direct the implementation of research plans, application of scientific and technological progress in units under the Ministry's management;

19. Inspect, investigate complaints and denunciations, combat corruption and malpractice, and handle violations of the law in areas of work under the Ministry's state management authority;

20. Represent the State's ownership interest in enterprises with state capital under the Ministry's jurisdiction in accordance with the provisions:

a) Develop restructuring, reorganization, and ownership conversion plans to submit to the Prime Minister for approval and direct the implementation of these plans after approval;

b) Submit to the Prime Minister for the appointment, removal, or appointment and removal of leadership positions within the Ministry's jurisdiction;

c) Approve or submit to the Prime Minister for approval the Charter of the organization and its operations;

21. Direct and organize the implementation of the Ministry's administrative reform plan according to the national administrative reform program approved by the Prime Minister;

22. Manage organizational structures, staffing, decide on appointments, reappointments, transfers, rotations, resignations, removals, special assignments, implement salary systems and incentive policies, rewards, and disciplinary measures for cadres, civil servants, and public officials; develop and organize the implementation of training and professional development plans for cadres, civil servants, and public officials under the Ministry's jurisdiction;

23. Prepare the annual budget estimate of the Ministry, coordinate with the Ministry of Finance to establish and consolidate budget revenue and expenditure estimates by sector and field under the Ministry's jurisdiction for submission to the Government and 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;

24. Perform other tasks assigned or delegated by the Government and the Prime Minister;

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 Finance;

6. Department of International Cooperation;

7. Department of Legal Affairs;

8. Cadre and Civil Servant Affairs Department;

9. Inspectorate of the Ministry;

10. Office of the Ministry;

11. The Ministry's representative office in Ho Chi Minh City;

12. Agency for Technology Application and Development;

13. Intellectual Property Office;

14. Atomic Energy Agency;

15. National Science and Technology Information Center;

16. Radiation and Nuclear Safety Agency;

17. General Bureau of Standards, Metrology, and Quality Control;

18. Management Board of Hoa Lac High-Tech Park;

19. Institute of Science and Technology Strategy and Policy;

20. Office of National Key Programs;

21. Computing Center;

22. Science and Development Newspaper;

23. Science Activities Journal;

24. School of Science and Technology Management;

Units specified from Clause 1 to Clause 18 of this Article are organizations assisting the Minister in performing state management functions; units from Clause 19 to Clause 24 of this Article are state-run institutions under the Ministry;

The Ministry's Office, the Ministry's Inspectorate, the Ministry's representative office in Ho Chi Minh City, and Departments: Science and Technology of Economic and Engineering Sectors, Planning and Finance, Cadre Organization, and International Cooperation shall be organized into divisions;

The Minister of Science and Technology shall submit to the Prime Minister for issuance of decisions detailing the functions, tasks, authorities, and organizational structure of the General Bureau of Standards, Metrology, and Quality Control, the Management Board of Hoa Lac High-Tech Park, and list other state-run institutions under the Ministry;

Article 4. Effective date

This Decree takes effect fifteen days after its publication in the Official Gazette, replacing Decree No. 54/2003/NĐ-CP dated May 19, 2003 of the Government on the functions, tasks, authorities, and organizational structure of the Ministry of Science and Technology, Decree No. 28/2004/NĐ-CP dated January 16, 2004 of the Government amending and supplementing certain articles of Decree No. 54/2003/NĐ-CP dated May 19, 2003, and abolishing previous regulations contrary to this Decree.

Article 5. Responsibilities for Implementation

Ministers, Heads of Ministries equivalent to ministries, Heads of government agencies, and Chairpersons of provincial and centrally-administered city People's Committees are responsible for implementing this Decree./.