Decree No. 30/2006/NĐ-CP on Science and Technology Statistics

DECREE

On scientific and technological statistics

 

THE GOVERNMENT

 

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

Based on the Law on Science and Technology dated June 9, 2000;

Based on the Law on Statistics dated June 26, 2003;

At the proposal of the Minister of Science and Technology,

 

DECREE:

 

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree stipulates the provision, collection, processing, publication, and utilization of scientific and technological statistical information, and the development of scientific and technological statistical work within the territory of the Socialist Republic of Vietnam.

2. Scientific and technological statistical activities not organized by state agencies; scientific and technological statistical activities related to national security and defense are not within the scope of this Decree.

Article 2. Applicability

1. State agencies at all levels.

2. Public service units.

3. Political organizations, political-social organizations, political-social-professional organizations, social organizations, social-professional organizations, and professional organizations.

4. Enterprises of all economic sectors and their affiliated units (branches, representative offices, dependent units).

5. Cooperatives, business groups, individual businesses, households, and individuals.

6. Other organizations of Vietnam both inside and outside the country.

7. Foreign organizations and individuals, overseas Vietnamese engaged in scientific and technological activities on the territory of Vietnam.

Article 3. Scientific and Technological Statistical Information

1. Scientific and technological statistical information is the product of statistical activities in the field of science and technology, including scientific and technological statistical data and analyses thereof.

2. Scientific and technological statistical information is formed from the following sources:

a) Scientific and technological statistical information directly implemented by centralized statistical organizations at the district, provincial level, and the General Statistics Office;

b) Scientific and technological statistical information directly organized and implemented by the Ministry of Science and Technology and compiled from scientific and technological statistical information carried out by agencies, organizations, and individuals;

c) Scientific and technological statistical information organized and implemented by ministries, ministerial-level agencies, government agencies, the Supreme People's Court, the Supreme People's Procuracy, and provincial-level People's Committees;

d) International scientific and technological statistical information and statistical information through other state management activities.

Article 4. Indicators for Scientific and Technological Statistics

1. Indicators for scientific and technological statistics are uniformly applied throughout the country and include the following main groups:

a) Human resources indicators for science and technology, including:

- General human resources indicators for science and technology;

- Indicators for personnel participating in scientific research and technological development activities;

- Indicators for training science and technology human resources;

- Indicators for international mobility of science and technology human resources;

- Other human resources indicators for science and technology.

b) Financial indicators in science and technology activities, including:

- Indicators for investment in science and technology activities;

- Indicators for investment in scientific research and technological development;

- Other financial indicators for science and technology.

c) Infrastructure indicators for science and technology, including:

- Physical and technical infrastructure indicators for science and technology organizations;

- Technology and scientific infrastructure indicators;

- Information resource indicators for science and technology;

- Other infrastructure indicators for science and technology.

d) Innovation capacity indicators, including:

- Indicators for science and technology organizations;

- Indicators for technological innovation;

- Indicators for technological level in production;

- Other innovation capacity indicators.

e) Outcome indicators for science and technology activities, including:

- Indicators for scientific and technological research topics;

- Indicators for inventions, patents, utility models, and trademarks;

- Indicators for technology trade;

- Indicators for patent and invention trade;

- Indicators for scientific and technological publications;

- Indicators for national and international science and technology awards;

- Other outcome indicators for science and technology activities.

f) Impact indicators of science and technology, including:

- Indicators for the impact of science and technology in production and business;

- Indicators for the social impact of science and technology;

- Indicators for public perception of the role of science and technology;

- Other impact indicators of science and technology activities.

g) Other scientific and technological statistical indicators.

2. The Ministry of Science and Technology shall take the lead and coordinate with the General Statistics Office to develop and issue detailed systems of scientific and technological statistical indicators, main classifications, methods of collection, periods of collection, and calculation methods for the indicators.

Article 5. Classification Tables for Scientific Research and Technology Statistics

1. In addition to the classification tables prescribed in the Law on Statistics, scientific research and technology statistics activities use the following classification tables:

a) Classification table for fields of scientific research and technology;

b) Classification table for socio-economic objectives of scientific and technological activities;

c) Classification table for types of scientific and technological activities, technology life cycles, and organizational forms of scientific and technological activities.

2. The Ministry of Science and Technology shall take the lead and coordinate with the General Statistics Office to develop and issue classification tables for scientific and technological statistics.

Chapter II

SUPPLY, COLLECTION AND PROCESSING OF STATISTICAL INFORMATION

SCIENTIFIC AND TECHNOLOGICAL

Article 6. Reporting System for Scientific and Technological Statistics

1. The reporting system for scientific and technological statistics includes:

a) Basic statistical reporting system for science and technology;

b) Comprehensive statistical reporting system for science and technology.

2. The basic statistical reporting system for science and technology includes provisions on the entities responsible for implementation; statistical forms and indicators; calculation methods; responsibilities of the agencies implementing the reporting system; submission locations; deadlines for implementation issued by competent state authorities to collect statistical information from original records and ledgers.

3. The comprehensive statistical reporting system for science and technology includes provisions on the entities responsible for implementation; statistical forms and indicators; calculation methods; responsibilities of the agencies implementing the reporting system; submission locations; deadlines for implementation issued by competent state authorities to compile statistical information from basic statistical reports on science and technology, results of scientific and technological statistical surveys, and other relevant sources of information related to scientific and technological activities.

Article 7. Development, Issuance and Entities Implementing the Basic Statistical Reporting System for Science and Technology

1. The development of the basic statistical reporting system for science and technology must be based on the national statistical indicator system, the science and technology sector's statistical indicator system, and ensure the following requirements:

a) Meeting the requirements of the comprehensive statistical reporting system for science and technology and state management requirements for science and technology;

b) Not overlapping in content and reporting periods among different reporting systems;

c) Ensuring feasibility.

2. Authority to issue the basic statistical reporting system for science and technology:

a) The General Statistics Office shall take the lead and coordinate with the Ministry of Science and Technology to develop and submit to the Prime Minister for issuance of the basic statistical reporting system for science and technology to collect statistical information for national statistical indicators on science and technology assigned to implement according to Decision No. 305/2005/QĐ-TTg dated November 24, 2005 of the Prime Minister on issuing the national statistical indicator system;

b) The Minister of Science and Technology shall issue the basic statistical reporting system for science and technology to collect statistical information for science and technology statistical indicators outside those specified in point a, Clause 2 of this Article after consulting the expertise of the General Statistics Office. In case there are differing opinions between the Ministry of Science and Technology and the General Statistics Office, the Ministry of Science and Technology shall submit to the Prime Minister for decision.

3. Entities implementing the basic statistical reporting system for science and technology include:

a) State scientific and technological organizations;

b) Other administrative agencies and public service units;

c) Independent state-owned enterprises;

d) Political organizations, political-social organizations, political-social-professional organizations, social organizations, and social-professional organizations using state budget funds for scientific and technological activities.

Article 8. Construction, issuance, and subjects implementing the system for comprehensive statistical reporting on science and technology

1. The construction of the system for comprehensive statistical reporting on science and technology must be based on the national statistical index system, the science and technology sector's statistical index system, and ensure the following requirements:

a) Meeting economic and social management needs and government management requirements regarding science and technology of the Government, Ministries, sectors, and People's Committees at all levels,

b) Not overlapping in content and reporting periods between different reporting systems issued by the Prime Minister and Ministries, sectors;

c) Ensuring feasibility.

2. Authority to issue the system for comprehensive statistical reporting on science and technology:

a) The Ministry of Science and Technology shall take the lead and coordinate with the General Statistics Office to construct and submit to the Prime Minister for issuance the system for comprehensive statistical reporting on science and technology for the subjects specified in point a, Clause 3 of this Article;

b) The Minister of Science and Technology shall issue the system for comprehensive statistical reporting on science and technology for the subjects specified in point b, Clause 3 of this Article after consulting the professional opinions of the General Statistics Office. In case there are differing opinions between the Ministry of Science and Technology and the General Statistics Office, the Ministry of Science and Technology shall submit to the Prime Minister for decision.

3. Subjects implementing the system for comprehensive statistical reporting on science and technology include:

a) Ministries, agencies equivalent to ministries, and agencies under the Government;

b) Specialized agencies on science and technology of Provincial People's Committees, Municipal People's Committees directly under the Central Government, District People's Committees, Town People's Committees, and City People's Committees under provinces;

Article 9. Rights and obligations of units implementing the system for statistical reporting on science and technology

1. Units implementing the system for statistical reporting on science and technology have the right:

a) Ensuring confidentiality of information provided in accordance with the law.

b) Other rights as prescribed by law.

2. Units implementing the system for statistical reporting on science and technology have the obligation:

a) To report comprehensively, truthfully, objectively, and in accordance with the information content stipulated in each statistical reporting system on science and technology;

b) To submit reports within the deadline;

c) Other obligations as prescribed by law.

Article 10. Statistical surveys on science and technology

1. Statistical surveys on science and technology shall be conducted in the following cases:

a) Collecting statistical information on science and technology from organizations that are not required to implement the statistical reporting system or cannot implement the statistical reporting system;

b) Supplementing information from organizations that implement the statistical reporting system on science and technology;

c) When there is an urgent need.

2. Each statistical survey on science and technology must have a survey plan.

Article 11. Statistical surveys on science and technology within the national statistical survey program

1. The Ministry of Science and Technology shall determine the needs, draft plans for statistical surveys on science and technology for the five-year science and technology development plan and annually, and send them to the General Statistics Office for inclusion in the national statistical survey program to be submitted to the Prime Minister for decision.

2. The national statistical survey program on science and technology includes the following specific contents:

a) List of statistical surveys on science and technology;

b) Periods and times of statistical surveys on science and technology;

c) Leading agency for statistical surveys on science and technology;

d) Agencies to cooperate in conducting statistical surveys on science and technology;

đ) Budget estimate and sources of funding for statistical surveys on science and technology.

Article 12. Scientific and technological surveys and statistics outside the national survey and statistical program

Scientific and technological surveys and statistics outside the national survey and statistical program shall be conducted in the following cases:

1. When there is an urgent need for data for the national scientific and technological development program.

2. Collecting information on indicators not included in the national statistical indicator system to serve the requirements of agencies, Party and State authorities at all levels.

Article 13. Authority to decide on scientific and technological surveys and statistics

1. The General Statistics Office Director decides on scientific and technological surveys and statistics assigned within the national survey and statistical program and those outside the national survey and statistical program in accordance with Article 12 of this Decree to collect information for national statistical indicators.

2. The Minister of Science and Technology decides on scientific and technological surveys and statistics assigned within the national survey and statistical program and other scientific and technological surveys and statistics in accordance with Article 12 of this Decree.

The Ministry of Science and Technology is responsible for organizing and coordinating with relevant ministries, sectors, and provincial People's Committees under the central government to implement scientific and technological surveys and statistics decided by the Minister of Science and Technology. Survey results must be sent to the General Statistics Office.

3. The Ministers of Ministries, Heads of agencies equivalent to Ministries, and Heads of government agencies decide on scientific and technological surveys and statistics outside the national survey and statistical program in accordance with Article 12 of this Decree. Survey results must be sent to the Ministry of Science and Technology and the General Statistics Office.

4. The Chairpersons of provincial and municipal People's Committees under the central government decide on scientific and technological surveys and statistics in accordance with Article 12 of this Decree. Survey results must be sent to the Ministry of Science and Technology and the General Statistics Office.

Organizations and individuals outside the state statistical organization system may conduct scientific and technological surveys and statistics to serve research, production, and business activities within their functions and fields of operation. If conducting surveys and statistics outside their functions and fields of operation, they must obtain the consent of the relevant state management agency.

Article 14. Review of scientific and technological survey and statistical plans

1. The General Statistics Office is responsible for reviewing the statistical plans of ministries, sectors, People's Committees, and provincial and municipal governments in accordance with Article 13 of the Statistics Law to ensure consistency and non-redundancy in surveys and statistics.

2. The review file includes:

a) A document requesting review;

b) A draft plan for scientific and technological surveys and statistics containing the following contents:

- Scope, subjects, units implementing the scientific and technological surveys and statistics;

- Survey questionnaire form;

- Time and duration of the survey;

- Survey methods, calculation methods, and synthesis of scientific and technological survey and statistical indicators.

3. After receiving the review results of the scientific and technological survey and statistical plan from the General Statistics Office, the authority deciding on the scientific and technological surveys and statistics studies the review opinions, modifies, and supplements the survey plan appropriately in terms of expertise and statistical practice before promulgation.

4. Decisions and plans for scientific and technological surveys and statistics within the national survey and statistical program must be sent to the General Statistics Office after promulgation. Decisions and plans for scientific and technological surveys and statistics outside the national survey and statistical program not implemented by the Ministry of Science and Technology must be sent to the Ministry of Science and Technology after promulgation.

Article 15. Rights and Obligations of Organizations and Individuals Implementing Scientific and Technological Survey and Statistics

1. Organizations implementing scientific and technological survey and statistics have the following rights and obligations:

a) Direct, organize, and inspect the implementation of the survey and statistical plan for scientific and technological matters;

b) Aggregate, analyze, and publish the results of scientific and technological surveys and statistics;

c) Bear responsibility for the completeness, truthfulness, objectivity, and accuracy of survey information, and keep such information confidential in accordance with current laws.

2. Individuals implementing scientific and technological survey and statistics have the following rights and obligations:

a) Receive training on professional and operational skills for surveys and statistics; enjoy benefits as prescribed by current regulations;

b) Conduct surveys strictly according to the approved scientific and technological survey and statistical plan;

c) Must bear responsibility for the completeness, truthfulness, objectivity, and accuracy of survey information, and keep such information confidential in accordance with the law.

Article 16. Rights and Obligations of Organizations and Individuals Subject to Scientific and Technological Survey and Statistics

1. Organizations and individuals have the right:

a) To be informed about decisions, purposes, requirements, and deadlines for scientific and technological surveys and statistics;

b) To ensure the confidentiality of provided information in accordance with the law.

c) Other rights as prescribed by law;

2. Organizations and individuals have the obligation:

a) Not to refuse or obstruct the implementation of national scientific and technological surveys and statistics;

b) To provide complete, truthful, objective, and timely information as required by the organization and statistical surveyor.

c) Other obligations as prescribed by law.

Article 17. Network for Collecting and Processing Scientific and Technological Statistical Information

The network for collecting and processing scientific and technological statistical information includes:

1. Scientific and technological statistical organizations;

2. Statistical organizations under Ministries, agencies at the level of Ministries, and government agencies as stipulated in Article 21 of Decree No. 40/2004/NĐ-CP dated February 13, 2004, guiding the implementation of certain provisions of the Law on Statistics;

3. Organizations and individuals specifically responsible or concurrently performing scientific and technological statistical work in professional assistance agencies under provincial People's Committees and centrally-administered municipalities, districts, counties, towns, and cities within provinces;

4. Individuals conducting statistics at various establishments.

Article 18. Scientific and Technological Statistical Organizations

1. Scientific and technological statistical organizations are units under the Ministry of Science and Technology, tasked with collecting, processing, storing, disseminating, and providing services for exploiting scientific and technological statistical information.

2. Tasks of scientific and technological statistical organizations:

a) Implement professional statistical activities for scientific and technological matters, serving management needs of the Ministry of Science and Technology;

b) Conduct scientific research, train, and guide statistical operations for scientific and technological matters;

c) Carry out surveys and statistical reports as prescribed.

3. Scientific and technological statistical organizations are guaranteed staffing and necessary technical infrastructure to fulfill their assigned functions and tasks.

4. The Minister of Science and Technology decides on the establishment and defines the functions, tasks, organizational structure, and operations of scientific and technological statistical organizations.

Article 19. Tasks of organizations and individuals implementing scientific and technological statistical activities of Ministries, ministerial-level agencies, agencies under the Government, People's Committees of provinces and centrally governed cities, People's Committees of districts, counties, towns, and provincial cities, and at facilities

1. Collecting and processing statistical data and information within the scope assigned.

2. Regularly preparing and submitting scientific and technological statistical reports in accordance with the regulations on the scientific and technological statistical reporting system.

3. Conducting scientific and technological statistical surveys in accordance with the provisions and guidance of the Ministry of Science and Technology.

4. Applying modern information technology in scientific and technological statistical work.

Article 20. Tasks of specialized agencies assisting in science and technology management of Ministries, sectors, or localities

1. Advising on state management in the field of scientific and technological statistics within the scope of Ministries, sectors, and localities.

2. Cooperating and participating in scientific and technological statistical activities according to the fields and areas assigned.

Chapter III

ANNOUNCEMENT AND USE OF STATISTICAL INFORMATION

SCIENTIFIC AND TECHNOLOGICAL

Article 21. Announcement of scientific and technological statistical information

1. Scientific and technological statistical information must be publicly announced within the prescribed deadlines, except for statistical information that must be kept confidential in accordance with current laws.

2. Announced scientific and technological statistical information is legally valid statistical information.

In case there are discrepancies among announced scientific and technological statistical information, the following rules apply:

a) For scientific and technological statistical information within the national statistical indicator system, use the information announced by the General Statistics Office.

b) For scientific and technological statistical information outside the national statistical indicator system, use the information announced by the Ministry of Science and Technology.

Article 22. Authority and forms of announcement of scientific and technological statistical information

1. The Director of the General Statistics Office announces scientific and technological statistical information within the national statistical indicator system.

2. The Minister of Science and Technology announces scientific and technological statistical information outside the national statistical indicator system and scientific and technological statistical information resulting from statistical surveys within their decision-making authority as stipulated in Article 13 of this Decree.

3. Ministers of Ministries, Heads of ministerial-level agencies, and Heads of agencies under the Government announce scientific and technological statistical information resulting from statistical surveys within their decision-making authority as stipulated in Article 13 of this Decree.

4. Chairpersons of People's Committees of provinces and centrally governed cities announce scientific and technological statistical information resulting from statistical surveys within their decision-making authority as stipulated in Article 13 of this Decree.

5. Forms of announcement of scientific and technological statistical information:

a) National Statistical Yearbook;

b) Scientific and Technological Statistical Yearbook;

c) Vietnam Science and Technology Book;

d) Publications in paper and electronic formats;

đ) Vietnam Science and Technology Information Network;

e) Press conferences;

g) Other forms of announcement.

Article 23. Use of Scientific and Technological Statistical Information

1. Scientific and technological statistical information published by the authorized body as stipulated in Article 21 of this Decree shall be considered public property. All organizations and individuals shall have equal access to and use of such information.

2. Any citation or use of published scientific and technological statistical information must be truthful and clearly indicate the source of the information. It is strictly prohibited to use scientific and technological statistical information for activities that harm national interests or the interests of organizations and individuals providing the information.

Chapter IV

ENSURING THE DEVELOPMENT OF STATISTICAL WORK

SCIENTIFIC AND TECHNOLOGICAL

Article 24. Financial Guarantee for Scientific and Technological Statistical Work

1. The funds for scientific and technological statistical activities shall come from the following sources:

a) Funds from the state budget allocated for statistical activities;

b) Funds from the state budget allocated for scientific and technological activities;

c) Funds from international organizations and other sources.

2. These funds shall be used for the following purposes:

a) Regular statistical system expenses;

b) Statistical survey activities;

c) Construction, supplementation, and updating of scientific and technological statistical databases; maintenance and development of the scientific and technological statistical information network.

3. Ministries, ministerial-level agencies, government agencies, and localities shall ensure funding for scientific and technological statistical activities in accordance with the State Budget Law.

Article 25. Human Resource Guarantee for Scientific and Technological Statistical Work

1. Ministries, ministerial-level agencies, government agencies, provincial People's Committees, and municipal People's Committees directly under the central government shall allocate dedicated or part-time personnel for scientific and technological statistical work; district, county, town, and city People's Committees within provinces shall allocate part-time personnel for scientific and technological statistical work.

2. Personnel engaged in scientific and technological statistical work shall receive training and professional development in their field, information technology application, and advanced statistical methods.

3. The Ministry of Science and Technology shall take the lead and coordinate with the General Statistics Office to organize professional training on scientific and technological statistics for personnel involved in such work.

Article 26. Material and Technical Infrastructure Guarantee and Application of Modern Scientific and Technological Achievements in Scientific and Technological Statistical Activities

The State shall invest in material and technical infrastructure for scientific and technological statistical activities; priority shall be given to the application of information and communication technology in data collection, processing, synthesis, publication, database construction, and the establishment of a scientific and technological statistical information network. Investment shall be increased for research and development in the field of scientific and technological statistics.

Chapter V

IMPLEMENTING PROVISIONS

Article 27. Handling Violations

1. Organizations and individuals who violate the provisions of this Decree shall, depending on the nature and severity of the violation, in addition to disciplinary action and administrative penalties, not be assigned tasks using state budget funds, awarded science and technology prizes or honors, or enjoy benefits provided for activities in the field of science and technology.

2. Individuals who commit violations constituting criminal offenses under this Decree shall be held criminally responsible.

3. Organizations and individuals who cause damage through violations of the provisions of this Decree shall be required to compensate according to the law.

Article 28. Effective Date

This Decree shall take effect fifteen days from the date of its publication in the Official Gazette. Previous regulations inconsistent with this Decree shall be abolished.

Article 29. Responsibility for Implementation

1. The Ministers of the Ministries of Science and Technology, Home Affairs, Finance; and the Director-General of the General Statistics Office shall be responsible for guiding the implementation of this Decree in accordance with their functions, tasks, and authorities.

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