Decree No. 28/2023/NĐ-CP on the functions, tasks, powers, and organizational structure of the Ministry of Science and Technology

DECREE

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

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Pursuant toLaw on the Organization of the Government ;Law amending and supplementing some articles of the Law on the Organization of the Government and the Law on the Organization of Local AdministrationLaw amending and supplementing certain articles of the Law on the Organization of the Government and the Law on the Organization of Local AuthoritiesfragranceDecision No. 108/2023/NQ-QH15

Pursuant toDecree No. 123/2016/D-CPdated September 1, 2016 of the Government stipulating the functions, tasks, powers, and organizational structure of ministries and ministerial-level agencies;Decree no. 101/2020/NĐ-CPdated August 28, 2020 amending and supplementing certain articles ofDecree No. 123/2016/D-CPdated September 1, 2016 of the Government;

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

The Government promulgates this Decree to regulate the functions, tasks, powers, and organizational structure of the Ministry of Science and Technology.

Article 1. Position and Functions

The Ministry of Science and Technology is an agency of the Government, performing the function of state management over science, technology, and innovation, including scientific research activities, technological development, innovation; development of scientific and technological potential; intellectual property; standards, measurements, and quality control; atomic energy, radiation safety, and nuclear safety; state management of public services within the scope regulated 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 performs tasks and powers as prescribed in Decree No.123/216/NĐ-CPdated September 1, 2016 of the Government stipulating the functions, tasks, powers, and organizational structure of ministries and ministerial-level agencies, Decree No.101/2020/NĐ-CPdated August 28, 2020 of the Government amending and supplementing certain articles of Decree No.123/2016/NĐ-CPand the following specific tasks and powers:

1. Submit to the Government draft laws, draft resolutions of the National Assembly; draft ordinances, draft resolutions of the Standing Committee of the National Assembly; draft resolutions, decrees of the Government according to the annual legislative program of the Government and projects, programs assigned by the Government, Prime Minister; submit to the Prime Minister draft decisions, directives, and other documents within the scope of management.

2. Submit to the Government, Prime Minister strategies, plans, programs, long-term five-year plans for the development of science, technology, and innovation and important national projects, works in the sector managed by the Ministry of Science and Technology.

3. Approve directions, goals, tasks of science, technology, and innovation for five years and annually; annual science, technology, and innovation plans, tasks within the scope of state management of the Ministry in accordance with the strategy for the development of science, technology, and innovation and the delegation of authority by the Government, Prime Minister.

4. Issue circulars, decisions, directives, and other documents within the scope of state management of the Ministry; guide, inspect, and organize the implementation of regulatory legal documents, strategies, plans within the scope of management of the Ministry after issuance and approval; disseminate information, promote, popularize, and educate about laws on science, technology, and innovation; issue national technical standards, procedures, economic-technical norms according to the authority in sectors and fields under the scope of state management of the Ministry.

5. Inspect regulatory legal documents issued by ministries, provincial People's Councils, municipal People's Councils directly under the central government related to the sectors and fields under the scope of state management of the Ministry; review and systematize regulatory legal documents, if discovering provisions issued by those agencies that appear to be contrary to legal documents in the sectors and fields managed by the Ministry, then propose handling according to the law.

6. Guide and inspect business operations in the sectors and fields under the scope of management of the Ministry according to the list prescribed by the Government; manage the issuance, adjustment, revocation, extension of various types of licenses, certificates, registrations within the scope of state management of the sectors and fields according to the law.

7. Direct and inspect specialized professional management activities of science, technology, and innovation for science and technology departments under provincial People's Councils directly under the central government. Guide the performance of functions, tasks, and powers for science and technology departments under provincial and district People's Councils; guide the functions, tasks, and powers of inspection units, the functions, tasks, powers, and organizational structures of public science and technology service units under science and technology departments under provincial People's Councils.

8. Regarding scientific, technological, and innovative activities

a) Direct the implementation of directions, goals, tasks of science, technology, and innovation for five years and annually, promoting the development of key economic and technical sectors based on the application, innovation, and mastery of technology, developing new technologies, high technologies, and commercializing technology, results of scientific research and technological development.

b) Guide ministries, sectors, localities in building and implementing five-year and annual science, technology, and innovation plans, and specialized professional management of scientific, technological, and innovative activities.

c) Organize the certification of high-tech activities; stipulate conditions for high-tech incubation centers, high-tech enterprise incubation centers; stipulate authorities, conditions, procedures for recognizing training institutions for high-tech human resources; build databases, high-tech information infrastructure within the scope of authority of the Ministry; build and submit to the Government for promulgation regulations on high-tech zones, orientations for priority investment and development of high-tech industries in each period, lists of priority technologies for research, development, and application to actively participate in the fourth industrial revolution and mechanisms, policies for the development of high-tech industries and high-tech zones.

d) Guide the determination, ordering, selection, direct assignment, evaluation, acceptance of scientific and technological tasks and innovation; coordinate with the Ministry of Finance to guide the determination of the value of assets that are results of scientific and technological tasks, intellectual property according to the provisions of the law; the transfer of ownership and usage rights of research results, technology development and innovation funded by state budget; exploitation, application, commercialization of technology, research results, publication, promotion of scientific research, technology development and innovation.

đ) Manage scientific and technological tasks and innovation within the scope of management of the ministry; build, guide and organize the implementation of national scientific and technological tasks; manage and organize the implementation of tasks in national science, technology and innovation programs and projects approved by the Prime Minister.

e) Inspect, supervise, evaluate and audit the process of implementation and post-acceptance of scientific and technological programs, projects using state budget; organize independent evaluation of scientific research results, technology development and innovation.

g) Guide and register activities for scientific and technological organizations, science and technology development funds, technology innovation funds, high-tech venture capital funds; certify activities for individuals and organizations engaged in high-tech activities, high-tech enterprises according to the provisions of the law.

h) Build, guide and implement mechanisms and policies to encourage and develop applied technology research and technology incubation activities.

i) Support organizations and individuals in evaluating technology, innovating technology, searching for technology, importing technology, exploiting inventions, decoding and mastering technology; guide, assess the level and capacity of technology and build a roadmap for national technology development and technology innovation according to the provisions of the law.

k) Build and submit to the Government specific regulations on the authority, procedures, conditions for issuing a Certificate of Eligibility to operate technology evaluation and appraisal services; special conditions regarding human resources and technical infrastructure for organizations conducting technology valuation activities after issuance.

l) Establish, guide, and implement mechanisms and policies concerning technology assessment, appraisal, certification, and transfer; issue permits for the transfer of restricted technologies; register and certify the transfer of encouraged technologies; review and provide opinions on the scientific and technological content of investment projects, national industry plans, regional, provincial plans, special administrative-economic units, urban and rural planning, specialized technical planning, and scientific research programs serving technology transfer and the development of the science and technology market.

9. Regarding innovation, development of the science and technology market, and science and technology enterprises

a) Uniformly manage innovation activities; establish, guide, inspect, and implement mechanisms and policies to encourage and develop innovation, creative startup activities, and mobilize investment resources for innovation and creative startups.

b) Manage, guide, and implement innovation activities, national innovation ecosystem development, and creative startups; create and promote a legal environment supporting innovation and creative startups.

c) Manage and develop support systems for creative startups; build, operate, and develop a national network of creative startups.

d) Manage, guide, and implement the development of the science and technology market; promote regional, national, and international science and technology markets, technology trading centers, and technology exchanges.

đ) Establish, guide, and implement mechanisms and policies to encourage and develop incubation activities, support activities for science and technology enterprises, and creative startup enterprises; implement programs to support the establishment of incubators and support for enterprises, and the development of science and technology enterprises.

e) Guide the establishment of incubation bases, technical facilities, shared workspaces for innovation, creative startups, market development, and science and technology enterprises; support small and medium-sized enterprises in enhancing their technological capabilities according to the provisions of the law.

10. On developing scientific, technological, and innovative capabilities

a) Take the lead, coordinate with ministries, sectors, and localities to build and submit to competent authorities for approval the planning of public science and technology organization networks and implement after approval; guide the implementation of self-management mechanisms for public science and technology organizations; submit to the Prime Minister for approval the list of basic and essential public service activities in the field of science and technology; take the lead, coordinate with the Ministry of Finance and relevant agencies to submit to the Government for approval additional regulations on special self-management mechanisms in the field of science and technology.

b) Specify criteria for classification, ranking, establishment conditions, mergers, consolidations, organizational structures, dissolution of science and technology organizations; establish, review the establishment, reorganize, and dissolve public science and technology organizations according to the law; guide functions, tasks, powers, organizational structure, and operational rules of the Management Councils in public science and technology organizations.

c) Issue or submit to competent authorities for issuance and implementation of mechanisms and policies on training, upgrading, utilizing, and valuing individuals engaged in science and technology activities; policies to attract outstanding scientists, experts, and overseas Vietnamese intellectuals

d) Develop and organize the implementation of planning for the development of human resources in science and technology, training plans to improve professional expertise in science and technology; organize the implementation of training and capacity building in professional expertise in science and technology for the scientific and technological workforce under its management.

đ) Manage, guide and organize the implementation of information, library, statistical activities on science, technology and innovation; manage domestic scientific and technological publications; build infrastructure for information and statistics on science, technology and innovation; direct and organize technology markets and equipment, activities connecting supply and demand for technology, technology trading activities, exhibitions on science, technology and innovation; build systems of databases on science, technology and innovation; invest in developing a national science and technology information network connected with regions and internationally.

e) Manage, guide and organize the implementation of the awarding of Ho Chi Minh Prize, State Prizes and other prizes related to science and technology as prescribed by law.

g) Develop, guide and organize the implementation of communication activities on science, technology and innovation.

11. On intellectual property

a) Take the lead in coordinating with ministries, sectors and localities in developing, guiding and organizing the implementation of mechanisms, policies, strategies, planning, programs, projects on intellectual property.

b) Develop, guide, organize the implementation and inspect the implementation of laws on intellectual property; establish procedures and processes for registering, establishing and transferring ownership rights of technology of organizations and individuals.

c) Manage state administration over inventive activities.

d) Guide and organize the implementation of the establishment and transfer of industrial property rights; implement measures to protect the legitimate rights and interests of the State, organizations and individuals in the field of industrial property.

đ) Provide guidance on industrial property business for management agencies, organizations and individuals; provide guidance and support to organizations and individuals in managing, exploiting and developing intellectual property assets within the scope of state management as prescribed by law.

e) Manage activities of representing industrial property, appraising industrial property and other services related to intellectual property.

g) Take the lead in organizing the resolution of disputes over industrial property rights and commercial disputes related to industrial property as prescribed by law.

h) Coordinate with the Ministry of Culture, Sports and Tourism, the Ministry of Information and Communications, the Ministry of Agriculture and Rural Development, and the Ministry of Industry and Trade in managing state administration over intellectual property in relevant fields according to the division of labor by the Government.

12. On standards, measurement, and quality

a) Manage the system of Vietnamese technical standards and regulations; review and announce national standards; guide the construction and review of national technical regulations; organize the construction, application of national standards and the construction, issuance, and application of national technical regulations within the assigned management area; participate in the construction of international standards, regional standards; guide the application of international standards, regional standards, foreign standards in Vietnam; guide the construction of local technical regulations; guide the construction and announcement of basic standards; manage the activities of the network of notification and inquiry agencies and the inter-ministerial committee on technical trade barriers; manage the national database on national standards and national technical regulations; manage state administration over product labels, product codes, barcodes, and product origin traceability.

b) Manage the establishment, maintenance, preservation, use, development, and application of measurement standard systems; approve national measurement standards; organize research, deployment, application, development, manufacturing, and production of calibration materials, measuring instruments; designate organizations to maintain national measurement standards; organize management of measurement for measuring instruments, measurements, prepackaged goods quantities, measurement standards; organize management of inspection, calibration, testing of measuring instruments and measurement standards; support innovation and development of measurement activities in enterprises; carry out state inspections on measurement, product quality, and product labeling according to the provisions of the law.

c) Take the lead in coordinating with relevant ministries and sectors in organizing state administration over product quality and origin traceability in production, export products, imported products, circulation on the market, and during use according to the provisions of the law.

d) Guide and manage conformity assessment activities on standards and technical regulations, recognition of the competence of conformity assessment bodies.

đ) Organize research, deployment, application, and improvement of productivity and quality in industries and fields; take the lead in implementing the national program to improve productivity and quality of products and goods; take the lead in deploying and applying origin traceability; conduct research, consulting, training, and application of science, technology, and innovation in the field of standards, measurement, and quality; take the lead and coordinate with relevant ministries and sectors in implementing international agreements and treaties in the fields of standards, technical regulations, measurement, productivity, product quality, product labels, product codes, barcodes, and product origin traceability, conformity assessment; manage, guide, and organize the implementation of advanced quality management systems in the operations of administrative agencies, organizations, and enterprises; manage, guide, and organize the implementation of the National Quality Award; manage the organization of the awarding of product and goods quality awards to organizations and individuals.

e) Organize the construction, management, operation, maintenance, and exploitation of the database system for product codes, barcodes, and product origin traceability; organize training, instruction, and capacity building in the field of product codes, barcodes, and product origin traceability for administrative agencies, organizations, and enterprises.

13. On atomic energy, radiation safety, and nuclear safety.

a) Establish, submit to competent authorities for issuance or issue within their authority and organize the implementation of mechanisms and policies on research, development, and application of atomic energy for peaceful purposes.

b) State management over activities related to research, development, and application of atomic energy in economic and technical sectors; take the lead and coordinate with ministries and agencies to build, guide, and organize the implementation of planning and plans for the development of atomic energy applications serving economic and social development; guide and organize the implementation of tasks in building radiation facilities and nuclear facilities according to the provisions of the law.

c) Manage radiation safety, radioactive environmental safety, nuclear safety, radioactive source security, nuclear security, and nuclear inspection for activities in the field of atomic energy throughout the country.

d) Organize the management of the national radiation environment monitoring and warning network and the national calibration system in the field of radiation and nuclear measurement.

đ) Specify and guide the declaration and issuance of permits for radiation work; inspect and handle violations concerning the assurance of radiation safety and nuclear safety for activities in the field of atomic energy.

e) Manage nuclear fuel, used nuclear fuel, nuclear materials, nuclear material sources, radioactive waste, and service activities supporting the application of atomic energy; manage the import and export of radiation technology equipment, nuclear fuel, used nuclear fuel, nuclear materials, and radioactive sources throughout the country.

g) Specify the control and handling of radiation incidents and nuclear incidents.

14. State management of public services under the state management scope of the ministry as prescribed by law.

15. Management of civil servants and employees in the science and technology sector:

a) Manage job positions, civil servant structure by rank, employee structure by occupational title, civil servant establishment, and the number of staff working in public science and technology institutions under the management scope as prescribed by law.

b) Guide job positions for science and technology sector civil servants from central to local levels; staffing standards for civil servants in agencies and organizations in the science and technology sector; guide job positions, employee structures by occupational titles, and staffing standards for the number of staff working in public science and technology institutions under the management scope as prescribed by law.

c) Specify in detail the content, form, and determination of successful candidates in the examination for promotion to occupational titles for science and technology sector employees, after coordination with the Ministry of Home Affairs.

d) Specify the code, professional and vocational standards for ranks of civil servants, occupational titles for employees, and salary grading for science and technology sector civil servants and employees as prescribed by law.

16. Regarding cooperation and international integration

a) Guide and implement international integration activities in the field of science and technology as prescribed.

b) Implement programs, agreements, cooperation arrangements, integration projects, and regional initiatives in the field of science and technology that have been approved; deploy a network of overseas science and technology representatives according to the Government's directives and the Prime Minister's instructions.

c) Direct and guide the implementation of regulations of the Government and the Prime Minister regarding the organization of international conferences and seminars related to the fields under the ministry's state management.

d) Official representative of Vietnam at international organizations in the field of science and technology as assigned and authorized by the Government and the Prime Minister.

17. Regarding inspection, supervision, anti-corruption, thrift, and anti-waste

a) Guide, supervise, and inspect the implementation of policies and laws in the fields under the ministry's state management; provide professional guidance on specialized inspection work and handling of law violations as prescribed by law.

b) Resolve complaints, denunciations, and suggestions from organizations and individuals related to the fields under the ministry's state management; organize citizen reception and implement anti-corruption, thrift, and anti-waste measures as prescribed.

18. Organize the implementation of management of associations and non-governmental organizations operating in the fields under the ministry's state management as prescribed by law.

19. Manage and organize the implementation of investment projects within the ministry's authority as prescribed by law.

20. Organize and direct the implementation of scientific research plans, technology application plans, and commercialization of scientific and technological results in units under the ministry's management.

21. Represent the state ownership interest in state-owned enterprises and state financial funds outside the budget under the ministry's management as prescribed by law.

22. Organize the implementation of the ministry's administrative reform plan according to the national administrative reform program approved by the Government and the Prime Minister; organize the deployment of information technology activities; digital transformation, development of electronic government towards digital government, digital economy, and digital society; build and operate to ensure the safety and security of digital infrastructure, digital platforms, data platforms, applications, and digital services in the fields of science, technology, and innovation as prescribed by law.

23. Manage organizational structure, civil servant establishment, job positions, employee structure, and the number of staff working in public institutions; decide on appointments, reappointments, transfers, rotations, dismissals, resignations, removals, and other matters concerning officials, civil servants, and employees; build and organize the implementation of training and professional development plans for officials, civil servants, and employees under the ministry's management as prescribed by law.

24. Prepare the annual budget estimate and final account, and the three-year financial-plan-budget of the Ministry of Science and Technology. Coordinate with the Ministry of Finance and relevant agencies during the process of drafting and consolidating the state budget estimate, the annual central budget allocation plan, the five-year financial plan, and the three-year financial-plan-budget for science and technology. Coordinate with the Ministry of Finance to establish regulations, standards, and budgetary norms for science and technology; propose the budget structure and proportion for science and technology. Coordinate with the Ministry of Planning and Investment to develop the state budget capital investment plan for science and technology as prescribed by law. Manage, organize the implementation, inspect, and supervise the use of the state budget for science and technology; perform other tasks related to the state budget and assets as prescribed by law.

25. Perform other duties and powers assigned by the Government and the Prime Minister, and as prescribed by law.

Article 3. Organizational Structure

1. Department of Social Sciences, Humanities, and Natural Sciences.

2. Department of Science and Technology for Economic and Engineering Sectors.

3. Department of Evaluation, Appraisal, and Technology Inspection.

4. Department of High Technology.

5. Department of Atomic Energy.

6. Department of Technology Application and Technological Progress.

7. Department of Planning and Finance.

8. Legal Affairs Department.

9. Cadre and Civil Service Organization Department.

10. Department of International Cooperation.

11. Office of the Ministry.

12. Inspectorate of the Ministry.

13. Agency for Technology Development and Innovation.

14. National Agency for Science and Technology Information.

15. Agency for Market Development and Science and Technology Enterprises.

16. Agency for Radiation and Nuclear Safety.

17. Intellectual Property Office.

18. National Standardization, Measurement, and Quality Control Committee.

19. Academy of Science, Technology, and Innovation.

20. VnExpress Newspaper.

21. Vietnam Science and Technology Journal.

22. Information Technology Center.

In this Article, units from Clause 1 to Clause 18 are administrative organizations assisting the Minister in performing state management functions; organizations from Clause 19 to Clause 22 are public service units serving the state management functions of the Ministry. The National Standardization, Measurement, and Quality Control Committee may continue to use the national emblem seal.

The Minister of Science and Technology shall submit to the Prime Minister for issuance of a decision specifying the functions, tasks, powers, and organizational structure of the Academy of Science, Technology, and Innovation and the list of other public service units directly under the Ministry.

The Minister of Science and Technology shall specify the functions, tasks, powers, and organizational structure of subordinate units within the scope of authority granted.

Article 4. Transitional Provisions

1. The General Bureau of Standardization, Measurement, and Quality Control (reorganized into the National Standardization, Measurement, and Quality Control Committee) shall continue to perform its assigned functions and tasks until new regulations on the functions, tasks, powers, and organizational structure of the Committee are issued by the competent authority.

2. The Ministry of Science and Technology shall continue to manage Hoa Lac High-Tech Park until a decision is made by the competent authority. The Management Board of Hoa Lac High-Tech Park shall continue to maintain its organization and operations according to current regulations until the competent authority decides on reorganizing the unit.

3. The Southern Affairs Bureau and the Department of Propaganda and Awards shall continue their activities until the Minister of Science and Technology issues regulations on the functions, tasks, powers, and organizational structure of these units as stipulated in Clause 9, Clause 11 of Article 3 of this Decree.

4. The Department of Local Science and Technology Development (reorganized into the Department of Technology Application and Technological Progress), the Atomic Energy Administration (reorganized into the Department of Atomic Energy), and the Agency for Technology Application and Development (reorganized into the Agency for Technology Development and Innovation) shall continue their activities until the Minister of Science and Technology issues regulations on the functions, tasks, powers, and organizational structure of these units as stipulated in Clause 5, Clause 6, and Clause 13 of Article 3 of this Decree. The Science and Development Newspaper and the Vietnam News Flash Online Newspaper shall cease operations from the date the Minister of Information and Communications issues a Decision revoking the press operation license of the Vietnam News Flash Online Newspaper and the Science and Development Newspaper.

Article 5. Effective Date

This Decree takes effect from June 6, 2023, and replaces the Government's Decree No. 95/2017/NĐ-CP August 16, 2017, prescribing the functions, tasks, powers, and organizational structure of the Ministry of Science and Technology.

Article 6. Responsibility for Implementation

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