Decree No. 95/2017/ND-CP on the functions, tasks, powers, and organizational structure of the Ministry of Science and Technology

DECREE

Article 24THE defining the functions, tasks, authorities, and organizational structure of the Ministry of Science and Technology

__________________________________

Pursuant to the Law on Government Organization dated June 19, 2015;

based on Decree No. 123/2016/ND-CP dated September 1, 2016 of the GovernmenttoThe Ministry of Science and Technology is an agency of the Government, performing state management functions in science and technology, including scientific research activities, technological development, innovation; developing scientific and technological potential; intellectual property; standards, measurements, and quality control; atomic energy, radiation, and nuclear safety; state management of public services within the scope regulated by law. b, equivalent ministry-level agency;

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 performs tasks and authorities as prescribed in Decree No. 123/2016/ND-CP dated September 1, 2016 of the Government stipulating the functions, tasks, authorities, and organizational structure of ministries and ministerial-level agencies, and the following specific tasks and authorities:

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;

1. Submitting 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 other resolutions, projects, programs assigned by the Government, Prime Minister; strategies, plans, long-term, five-year, and annual development plans, and important national projects and works in the sectors under the management of the Ministry of Science and Technology.

2. Submitting to the Prime Minister draft decisions, directives, and other documents within the scope of the Ministry of Science and Technology's management.

3. Approving directions, goals, and tasks of science and technology for five years, annual science and technology plans, and science and technology tasks within the scope of the Ministry’s state management in accordance with the national science and technology development strategy and the delegation of authority from the Government, Prime Minister.

4. Issuing circulars, decisions, directives, and other documents within the scope of the Ministry’s state management; guiding, inspecting, and organizing the implementation of regulatory legal documents, strategies, plans, and programs within the Ministry’s management scope after their issuance and approval; disseminating information, promoting, and educating the law on science and technology; issuing national technical standards, procedures, and economic-technical norms within the Ministry’s management scope according to its authority.

5. Inspecting regulatory legal documents issued by ministries, ministerial-level agencies, People's Councils, People's Committees of provinces and centrally-administered cities that relate to the sectors under the Ministry’s state management; if violations of legal regulations within the Ministry’s management scope are found in those documents, proposing appropriate measures according to the law.

6. Guiding and inspecting business operations within the sectors and fields specified in the list prescribed by the Government; managing the issuance, adjustment, revocation, and extension of various licenses, certificates, registrations within the Ministry’s state management scope according to the law.

7. Guiding the functions, tasks, authorities, and organizational structures of specialized agencies on science and technology under provincial People's Committees and district, city, town, and provincial city People's Committees.

8. Regarding scientific and technological activities:

a) Directing the implementation of five-year and annual scientific and technological directions, goals, and tasks, promoting the development of key economic and technical sectors based on the application, innovation, and mastery of technology, new technology development, high-tech technology, and technology commercialization.

b) Guiding ministries, sectors, localities in building five-year and annual scientific and technological plans and managing scientific and technological activities.

c) Guiding and organizing the certification of high-tech activities; setting conditions for high-tech incubation facilities and high-tech enterprise incubators; defining the authority, conditions, and procedures for recognizing high-tech human resource training institutions; establishing databases and information infrastructure for high-tech and high-tech technical infrastructure within the Ministry’s authority; building criteria and conditions for establishing high-tech zones and developing policies for high-tech development and high-tech zones; directly managing the Hoa Lac High-Tech Park.

d) Guiding the identification, commissioning, selection, direct assignment, evaluation, and acceptance of scientific and technological tasks; the transfer of ownership and usage rights of research results funded by the state budget. Exploiting, applying, commercializing technology, publishing, and promoting scientific research and technological development results and innovation.

đ) Managing scientific and technological tasks within the Ministry’s management scope; building, guiding, and organizing the implementation of national scientific and technological tasks; guiding, coordinating, and managing the implementation of tasks in national scientific and technological programs and projects approved by the Prime Minister.

e) Inspecting, supervising, and conducting specialized audits during the implementation and post-acceptance of scientific and technological programs, projects, and works funded by the state budget; organizing independent evaluations of scientific research and technological development results of scientific and technological organizations.

g) Guiding and registering the activities of scientific and technological organizations, science and technology development funds, technology innovation funds, and high-tech venture capital funds according to the law.

h) Building, guiding, and implementing mechanisms and policies to encourage and develop technology incubation, science and technology enterprise incubation, establishment, and development of science and technology enterprises, and the science and technology market.

h) Establish, guide, and organize the implementation of mechanisms and policies to encourage and develop technology incubation activities, scientific and technological business incubation, the establishment and development of scientific and technological businesses, and the scientific and technological market.

i) Establishing plans, guidelines, and organizing the implementation of startup activities for innovation and creativity; creating and promoting a legal environment to support startups; mobilizing investment resources for innovation and creativity; developing the national innovation system.

k) Supporting organizations and individuals in technological innovation, technology search, technology importation, exploitation of inventions, decoding, and mastering technology; evaluating technological capacity and building directions for national technological development and technological innovation pathways in accordance with the provisions of the law.

l) Building and submitting to the Government specific regulations on the authority, procedures, conditions for issuing certificates of eligibility to operate technology evaluation and inspection services; special conditions regarding human resources and technical infrastructure for organizations conducting technology appraisal activities.

m) Regulating and guiding the activities of technology transfer, technology evaluation, and inspection; granting permits for technology transfer and registering technology transfer according to the分级制度；审查或就科技内容和科技项目、经济发展规划、行业和领域规划、为科技转移服务的科研计划、科技市场发展计划提供意见。

9. Regarding the development of scientific and technological potential:

a) Taking the lead and coordinating with ministries, sectors, and localities in drafting and implementing the planning of the network of public scientific and technological organizations after issuance; guiding the implementation of the self-management mechanism of public scientific and technological organizations; specifying criteria for establishment, classification, ranking, and operational conditions for scientific and technological organizations; establishing, reviewing the establishment, reorganizing, and dissolving public scientific and technological organizations in accordance with the provisions of the law.

b) Issuing or submitting to competent authorities for issuance and implementation of mechanisms and policies on training, nurturing, utilizing, and valuing individuals engaged in scientific and technological activities.

c) Building and implementing plans for the development of human resources and training and nurturing plans for scientific and technological personnel within their authority.

d) Guiding information, communication, library, and statistical activities in the field of science and technology, developing the science and technology market; building a national information and statistical infrastructure; directing and organizing technology and equipment markets, connecting supply and demand for technology activities, technology trading centers, and science and technology exhibitions; building a system of national databases on science and technology; investing in advanced science and technology information networks connected to regions and internationally.

10. Regarding intellectual property rights:

a) Building, guiding, organizing the implementation, and inspecting the implementation of legal provisions on intellectual property rights; specifying procedures and formalities for registering and establishing intellectual property rights, using and transferring intellectual property assets of organizations and individuals.

b) Managing state activities related to inventions.

c) Guiding and organizing the implementation of the establishment and transfer of industrial property rights; implementing measures to protect the legitimate rights and interests of the State, organizations, and individuals in the field of industrial property.

d) Guiding business operations for industrial property management agencies; managing activities of industrial property representation, industrial property appraisal, and other intellectual property services; guiding industrial property business operations for ministries, sectors, localities, enterprises, and institutions.

đ) Taking the lead in organizing the resolution of disputes over industrial property rights and commercial disputes related to industrial property rights in accordance with the provisions of the law.

e) Cooperating with the Ministry of Culture, Sports and Tourism, the Ministry of Information and Communications, and the Ministry of Agriculture and Rural Development to implement state management of intellectual property rights in relevant fields according to the division of labor by the Government.

11. Regarding standards, measurement, and quality:

a) Managing the Vietnamese standard and technical regulation system; appraising and announcing national standards; guiding the construction and appraisal of national technical regulations; organizing the construction, guidance on the application of national standards, and the construction, issuance, and guidance on the application of national technical regulations within the assigned management area; participating in the construction of international standards, regional standards; guiding the application of international standards, regional standards, and foreign standards in Vietnam; guiding the construction of local technical regulations; guiding the construction and announcement of basic standards; organizing and managing the activities of the network of Vietnamese notification and inquiry bodies on technical barriers in trade; state management of product labels, codes, barcodes, and product differentiation.

b) Managing the establishment, maintenance, use, development, and application of the metrology standard system; approving national metrology standards; organizing research, implementation, application, development, production of metrology products, standards, and equipment; designating organizations to maintain national metrology standards; organizing management of metrology for measuring instruments, measurements, prepackaged quantities, metrology standards; organizing management of metrology inspection, calibration, and testing activities for measuring instruments and metrology standards; supporting innovation and development of metrology activities in enterprises.

c) Taking the lead and coordinating with relevant ministries and sectors to organize state management of product and commodity quality in production, export commodities, imported goods, circulation on the market, and during use in accordance with 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 and development, application, and improvement of product and commodity productivity and quality; take the lead in implementing the national program to enhance productivity, quality, and competitiveness of products and commodities; take the lead and coordinate with relevant ministries and sectors to organize the implementation of international agreements and treaties on mutual recognition of conformity assessment results regarding standards, technical regulations, measurement, and product and commodity quality; manage, guide, and organize the implementation of advanced quality management systems in the activities of administrative state agencies, organizations, and enterprises.

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

a) Develop and submit to competent authorities for issuance or issue within their authority and implement mechanisms and policies on the development and application of atomic energy for peaceful purposes.

b) State management over the application of atomic energy in economic and technical sectors; take the lead and coordinate with relevant ministries and sectors to develop, guide, and implement planning and programs for the development of radiation and radioactive isotope applications to serve socio-economic development; guide and organize the implementation of tasks related to the construction of radiation facilities and nuclear facilities in accordance with the provisions of the law.

c) Manage radiation safety, radioactive environmental safety, nuclear safety, radiation 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 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 support services for the application of atomic energy; manage the import and export of radiation technology equipment, nuclear fuel, used nuclear fuel, nuclear materials, and radiation sources throughout the country.

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

13. State management over public service activities under the state management of the ministry in accordance with the provisions of the law.

14. State management over specialized science and technology civil servants and officials:

a) Specify professional and vocational standards for civil servant ranks and occupational titles for specialized science and technology officials after coordinating with the Ministry of Home Affairs.

b) Guide the job position catalog, civil servant structure by rank, and official structure by occupational title for state-owned scientific and technological organizations and units.

c) Specify detailed criteria, conditions, content, form of examination or evaluation for promotion, and organize examinations or evaluations for promotion of occupational titles for specialized science and technology officials according to the provisions of the law.

d) Guide leadership and management occupational titles for specialized science and technology administrative agencies under provincial People's Committees and centrally-administered city People's Committees.

15. Regarding international cooperation:

a) Implement approved bilateral and multilateral cooperation programs, agreements, and integration projects and regional initiatives in science and technology; deploy a network of overseas science and technology representatives according to the Government's and Prime Minister's directives.

b) Direct and guide the implementation of the Government's and Prime Minister's regulations on organizing international conferences and seminars related to the ministry's areas of state management.

c) Officially represent Vietnam in international organizations in the field of science and technology according to the Government's and Prime Minister's delegation and authorization.

16. Regarding inspection, supervision, anti-corruption, thrift, and anti-waste:

a) Guide, inspect, and supervise the implementation of policies and laws in the ministry's areas of state management; provide professional guidance on specialized inspection work and handling of legal violations according to the provisions of the law.

b) Resolve complaints, denunciations, and proposals from organizations and individuals related to the ministry's areas of state management; organize citizen reception and implement anti-corruption, thrift, and anti-waste measures according to the provisions of the law.

17. Organize the implementation of management over associations and non-governmental organizations operating in the ministry's areas of state management according to the provisions of the law.

18. Manage and organize the implementation of investment projects within the ministry's authority according to the provisions of the law.

19. Organize and direct the implementation of scientific research plans, application, and commercialization of scientific and technological outcomes at units under the ministry's management.

20. Represent the state owner's share of capital in enterprises with state capital under the ministry's jurisdiction according to the provisions of the law.

21. Organize the implementation of the ministry's administrative reform plan according to the approved national administrative reform program by the Government and Prime Minister.

22. Manage organizational structures, civil servant quotas, job positions, official structures, and workforce numbers in state-owned units; decide on appointments, reappointments, transfers, rotations, dismissals, resignations, removals, salary systems, incentive policies, rewards, disciplinary actions, and other systems for cadres, civil servants, and officials; develop and implement training and capacity-building plans for cadres, civil servants, and officials under the ministry's jurisdiction according to the provisions of the law.

23. Establish the annual state budget revenue and expenditure plan for the Ministry of Science and Technology. Coordinate with the Ministry of Finance to develop financial mechanisms and policies in the field of science and technology, the annual state budget capital plan for scientific and technological affairs; determine the structure of expenditures and the proportion of the state budget allocated for scientific and technological activities annually for ministries, sectors, and localities; prepare and consolidate the annual state budget plan for the science and technology sector to submit to the competent authority for approval. Coordinate with the Ministry of Planning and Investment to develop the annual state budget capital investment plan for science and technology development. Manage, organize the implementation, inspect, and supervise the use of the state budget by the science and technology sector; perform other tasks related to the state budget and assets as prescribed by law.

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

Article 3. Organizational Structure of the Ministry

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. The Planning and Finance Division;

6. Legal Affairs Department.

7. Cadre and Civil Servant Organization Department.

8. Department of International Cooperation.

9. Department of Motivation and Reward.

10. Department of Local Science and Technology Development.

11. Office of the Ministry.

12. Inspectorate of the Ministry.

13. Southern Affairs Bureau.

14. Bureau of Technology Application and Development.

15. Atomic Energy Institute.

16. National Science and Technology Information Center.

17. Bureau of Market and Science and Technology Enterprise Development.

18. Radiation and Nuclear Safety Bureau.

19. Intellectual Property Office.

20. Standardization, Metrology and Quality Control General Department.

21. Hoa Lac High-Tech Park Management Board.

22. Academy of Science, Technology and Innovation.

23. Science and Development Newspaper.

24. Vietnam Science and Technology Journal.

25. Information Technology Center.

The organizations specified from Clause 1 to Clause 21 of this Article are administrative organizations assisting the Minister in performing state management functions; the organizations specified from Clause 22 to Clause 25 of this Article are service organizations serving the state management of the ministry.

The Social Sciences, Humanities and Natural Sciences Department has 02 divisions, the Science and Technology of Economic and Engineering Departments have 03 divisions, the Organization and Cadre Department has 03 divisions, the International Cooperation Department has 03 divisions, the Planning and Finance Department has 03 divisions, the Legal Affairs Department has 03 divisions, the Ministry's Office has 09 divisions, and the Ministry's Inspectorate has 04 divisions.

The Southern Affairs Bureau has 04 divisions, the Bureau of Technology Application and Development has 08 divisions, the Intellectual Property Office has 18 divisions, the Atomic Energy Institute has 06 divisions; the National Science and Technology Information Center has 05 divisions, the Radiation and Nuclear Safety Bureau has 07 divisions including the Bureau's Inspectorate, and the Bureau of Market and Science and Technology Enterprise Development has 05 divisions.

The Minister of Science and Technology shall submit to the Prime Minister for issuance decisions specifying the functions, tasks, powers, and organizational structures of the Standardization, Metrology and Quality Control General Department, the Hoa Lac High-Tech Park Management Board, the Academy of Science, Technology and Innovation, and the list of other affiliated service organizations.

The Minister of Science and Technology shall specify the functions, tasks, powers, and organizational structures of the organizations directly under the ministry, except for those organizations specified in Clauses 20, 21, and 22 of this Article.

Article 4. Transitional Provisions

The Standardization, Metrology and Quality Control General Department and the Hoa Lac High-Tech Park Management Board shall continue to maintain their organization and operations according to current regulations until the Prime Minister issues a Decision on the functions, tasks, powers, and organizational structures of these units.

Article 5. Effective Date

This Decree takes effect from the date of issuance and replaces Decree No. 20/2013/NĐ-CP dated February 26, 2013 of the Government stipulating the functions, tasks, powers, and organizational structures 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./.