Decree No. 54/2003/ND-CP on the functions, tasks, powers, and organizational structure of the Ministry of Science and Technology

DECREE

Regulations on functions, tasks, powers, and organizational structure

||| of the Ministry of Science and Technology

_______________

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, the eleventh session, first meeting, which stipulates the list of ministries and ministerial-level agencies of the Government;

Considering the proposal of the Head of the Cadre and Civil Service Department,

At the proposal 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 agency responsible for performing state management functions over scientific and technological activities, developing 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.

Article 2. Tasks and Powers

The Ministry of Science and Technology is responsible for carrying out tasks and powers as prescribed in 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 and the following specific powers:

1. Drafting and submitting to the Government and the Prime Minister projects on laws, ordinances, and other regulatory legal documents, strategies, planning for development, long-term plans, five-year plans, and annual plans concerning areas under the Ministry’s state management;

2. Issuing decisions, directives, circulars, and other documents within the scope of the Ministry’s state management authority;

3. Directing, guiding, inspecting, and being responsible for organizing the implementation of regulatory legal documents, strategies, planning, and plans within the Ministry’s management scope after approval, and other regulatory legal documents within the Ministry’s management scope; promoting, educating, and disseminating regulatory legal documents regarding areas under the Ministry’s state management;

4. Regarding scientific and technological activities:

a) Drafting and submitting to the Government and the Prime Minister proposals on research directions, technology transfer, market development for science and technology, and promoting the formation of economic and technical sectors based on new and high technologies;

b) Leading and coordinating with ministries, sectors, and localities in drafting and submitting to the Government proposals on the planning of the network of scientific research organizations and technology development nationwide. Drafting and submitting to the Prime Minister conditions for establishment and operational mechanisms for science and technology enterprises in accordance with the law, investment mechanisms for science and technology development, measures to implement socialized science and technology activities, key national science and technology tasks, utilization and development of science and technology human resources;

c) Coordinating with the Ministry of Finance and the Ministry of Planning and Investment in drafting and submitting to the Government annual budget estimates for the field of science and technology in line with economic and social development and the particular characteristics of science and technology activities according to the Law on State Budget;

d) Specifying procedures for evaluating, accepting, applying, and publishing results of scientific research and technology development;

đ) Specifying detailed conditions for establishing different types of research and development organizations and science and technology service organizations. Uniformly managing registration activities for research and development organizations and science and technology service organizations in accordance with the law;

e) Directing and guiding the operation of National Science and Technology Development Funds in accordance with the Government's regulations;

f) Organizing state appraisal, inspection, and certification of technology for Group A investment projects and socio-economic development programs; uniformly managing activities related to evaluation, appraisal, inspection, certification, and technology transfer;

g) Directing and organizing statistical and information work on science and technology;

h) Serving as the permanent member of the National Science and Technology Policy Council; the Ho Chi Minh Award Council and the State Award Council for Science and Technology;

5. Regarding product quality standards:

a) Uniformly managing the national standard system in accordance with the law; guiding the application of international and foreign standards in Vietnam;

b) Uniformly managing the national measurement standard system, specifying calibration methods, measurement rules, and approving measuring instrument models; organizing the calibration of measuring instruments, recognizing calibration capabilities, and delegating state calibration;

c) Uniformly managing product quality in accordance with the law, specifying principles, conditions, and criteria for quality recognition and certification organizations; organizing quality recognition and certification; leading and coordinating with relevant ministries and sectors in signing and implementing international agreements on mutual recognition in quality recognition and certification activities;

6. Regarding intellectual property (excluding copyright in literature, art, and trademarks):

a) Implementing the establishment of intellectual property rights;

b) Implementing measures to protect legitimate rights and interests of the State, organizations, and individuals in the field of intellectual property;

c) Specifying and directing the operation of the intellectual property management organization system; directing intellectual property business operations for sectors, localities, enterprises, and institutions;

7. Regarding atomic energy, radiation, and nuclear safety:

a) Implementing research tasks on atomic energy and nuclear technology;

b) Directing, inspecting, and organizing declarations, registrations, and issuing permits for nuclear safety and radiation safety;

c) Uniformly managing and being responsible for radioactive waste management and environmental radiation monitoring; controlling and handling radiation incidents;

8. Managing and organizing the implementation of investment projects under the Ministry in accordance with the law on investment and construction;

9. Guiding, inspecting ministries, ministerial-level agencies, governmental agencies, and local people's committees on the implementation of policies, legal regulations, and professional expertise in the Ministry's state management areas;

10. Implementing international cooperation in the Ministry's state management areas in accordance with the law;

11. Organizing and directing the implementation of scientific research plans and the application of scientific and technological progress at units under the Ministry's management.

12. Develop and submit to the Government for issuance mechanisms and policies to encourage the development of public services in the fields under the State management of the Ministry; decide specific guidelines, measures, and direct the implementation of operational mechanisms for public service organizations in accordance with the law; manage and direct activities of affiliated public institutions and public services under the Ministry;

13. Perform specific duties and powers regarding representation of state capital at state-owned enterprises under the Ministry's management as prescribed by law;

14. Manage State affairs concerning the activities of associations and non-governmental organizations in the fields under the State management of the Ministry as prescribed by law;

15. Conduct inspections, audits, handle complaints, accusations, anti-corruption, and address violations of laws in the fields under the State management of the Ministry;

16. Decide and direct the implementation of the administrative reform program of the Ministry according to the goals and content of the State administrative reform program approved by the Prime Minister;

17. Manage organizational structure, staffing, direct the implementation of salary systems and incentive, reward, and disciplinary policies for civil servants and public officials under the Ministry's jurisdiction; develop and stipulate professional standards, training, and capacity building in specialized fields for civil servants and public officials in the fields under the State management of the Ministry;

18. Manage finances and assets assigned and organize the implementation of allocated budgets in accordance with the provisions of the law;

Article 3. Organizational Structure of the Ministry

a) Organizations assisting the Minister in performing state management functions:

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 Technological Inspection;

4. Department of High-Tech Industries;

5. Planning and Finance Department;

6. Department of International Cooperation;

7. Department of Legal Affairs;

8. Cadre and Civil Servant Affairs Department;

9. Inspectorate;

10. Office;

11. National Standardization, Measurement, and Quality Control Bureau;

12. Intellectual Property Office;

13. Radiation and Nuclear Safety Control Agency;

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

b) Scientific and Technological Organizations under the Ministry:

1. Institute of Science and Technology Strategy and Policy;

2. Vietnam Atomic Energy Institute;

3. Institute of Applied Technology;

4. National Science and Technology Information Center;

5. Science and Technology Management Vocational School;

6. Computing Center;

7. Science and Development Newspaper;

8. Science Activities Journal;

9. Bright Light Magazine;

Article 4. Effectiveness

This Decree takes effect fifteen days from the date of publication in the Official Gazette and replaces Decree No. 22/CP dated May 22, 1993 of the Government on the tasks, powers, and organizational structure of the Ministry of Science, Technology, and Environment, and previous regulations inconsistent with this Decree;

Article 5. Responsibility for Implementation

The Minister of Science and Technology, Ministers, Heads of Ministries equivalent to ministries, Heads of government agencies, and Chairpersons of People's Committees of provinces and centrally governed cities are responsible for implementing this Decree./.