Decree No. 19/2002/ND-CP dated February 19, 2002 of the Government on the mobilization of the state�s scientific and technological potentials for national defense

DECREE

ON THE MOBILIZATION OF THE STATE’S SCIENTIFIC AND TECHNOLOGICAL POTENTIALS FOR NATIONAL DEFENSE

THE GOVERNMENT

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

Pursuant to the Law on Science and Technology of June 9, 2000;

In order to mobilize the State’s scientific and technological potentials for national defense;

At the proposals of the Minister of Defense and Minister of Science, Technology and Environment,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1.-Scope of regulation

This Decree prescribes the mobilization of the State’s scientific and technological potentials for national defense according to the regular or irregular plans approved by the Prime Minister.

This Decree shall not govern the mobilization of the State’s scientific and technological potentials for national defense in cases where the State proclaims the state of war, the order of general or limited mobilization or the state of emergency.

Article 2.-Mobilization aims

The mobilization of the State’s scientific and technological potentials for national defense aims to raise the army’s scientific and technological levels and capabilities, develop the defense industry, contribute to building the strong entire people’s defense, the revolutionary, regular, well-trained and step-by-step modernized army, thereby meeting the requirements for firmly defending the socialist Vietnamese Fatherland.

Article 3.-Responsibilities of the ministries, the ministerial-level agencies, the agencies attached to the Government, the People’s Committees of the provinces and centrally-run cities, State enterprises, organizations and individuals involved in scientific and technological activities in the performance of mobilization task

1. The ministries, the ministerial-level agencies, the agencies attached to the Government (hereafter referred collectively to as the ministries and branches), the People’s Committees of the provinces and centrally-run cities (hereafter referred collectively to as the provincial-level People’s Committees) shall have to direct and perform the task of mobilizing scientific and technological potentials for national defense under the Government’s assignment.

2. The national-level State-owned scientific and technological organizations, State enterprises (hereafter called other State agencies and organizations for short) and individuals involved in scientific and technological activities and enjoying salaries from the State budget shall have to perform the task of mobilizing scientific and technological potentials for national defense under the plans and direction of competent State bodies.

Article 4.-To encourage organizations and individuals of the non-State sector to take part in the mobilization

The Government encourages and creates conditions for organizations and individuals of the non-State sector to take part in the mobilization of scientific and technological potentials for performance of scientific and technological tasks in service of national defense, to exercise their rights and fulfill their obligations as prescribed by law.

Article 5.-Regimes and policies applicable to the mobilized organizations and individuals

Organizations and individuals mobilized for long-term, short-term or on-the-spot defense service shall enjoy material and spiritual interests according to the State’s regimes and policies and other special preferences as prescribed.

The Ministry of Defense shall assume the prime responsibility and coordinate with the Ministry of Labor, War Invalids and Social Affairs, the Government Commission for Organization and Personnel, the Ministry of Science, Technology and Environment, the Ministry of Education and Training, the Ministry of Finance and relevant agencies and organizations in specifying the application of preferential regimes and policies to organizations and individuals mobilized for defense service.

Article 6.-The confidentiality regime

The process of elaborating, organizing and deploying the implementation of, mobilization plans must comply with the regulations on the protection of State secrets.

Chapter II

CONTENTS AND MODES OF MOBILIZATION OF THE STATE’S SCIENTIFIC AND TECHNOLOGICAL POTENTIALS FOR NATIONAL DEFENSE

Article 7.-Transferring technologies and results of scientific research and technological development in service of national defense

The transfer of technologies and results of scientific research and technological development in service of national defense shall include the following activities and ensure the following requirements:

1. Transferring the results of scientific research and development of advanced technologies related to national defense to the Ministry of Defense.

2. Effecting cooperation on technology transfer among scientific and technological organizations inside and outside the army in order to apply the advanced techniques to the performance of defense tasks.

3. In international cooperation, paying attention to high technologies and advanced techniques in order to create products of multi-utilities.

4. Broadening international cooperation, encouraging and creating conditions for every citizens and overseas Vietnamese organizations to transfer technologies and results of scientific research and technological development in service of national defense.

Article 8.-Strengthening material-technical bases for military training and research institutions

The State shall strengthen material-technical bases for military training and research institutions, including the following activities:

1. Building national-level laboratories, experimentation stations and observatories in the specialized domains of national defense and assigning the Ministry of Defense to directly manage and use them.

2. Investing in, supplementing, repairing and upgrading laboratories, experimentation stations and observation stations at the research and training institutions of the Ministry of Defense according to planning and annual plans.

Article 9.-Strengthening scientific and technological information potentials, databases and materials in service of national defense

The strengthening of scientific and technological information potentials, databases and materials in service of national defense shall cover the following activities:

1. Exchanging, providing information and materials on new scientific and technological achievements inside and outside the country, especially those related to the military domain, defense techniques, technologies and production.

2. Coordinating the exploitation of scientific and technological databases in service of national defense.

3. Providing support for the building, repair and upgrading of the army’s scientific and technological databases.

4. Creating conditions for better exploitation of invention stores, system of standards and measurement devices and evaluation of the State’s quality norms.

Article 10.-Supplementing, training and fostering scientific and technological personnel for national defense

The supplementation, training and fostering of scientific and technological personnel for national defense shall cover the following activities:

1. Selecting and transferring scientific and technological personnel, who have been trained in appropriate branches or trades for long-term or short-term service in the army.

2. Providing direct professional training and fostering for armymen or participating in professional training and fostering at the army’s training establishments according to the requirements of national defense.

3. Giving priority to the creation of all conditions for the army to send qualified people abroad for professional training and fostering apart from the specific training forms provided by the Defense Ministry.

Article 11.-Mobilizing the State’s scientific and technological potentials for scientific research and technological development in service of national defense

The mobilization of the State’s scientific and technological potentials for scientific research and technological development in service of national defense (apart from the contents prescribed in Articles 7, 8, 9 and 10 of this Decree) shall include the mobilization of on-the-spot scientific and technological personnel, material and technical bases as well as laboratories of the ministries, branches, provincial-level People’s Committees, and other State agencies and organizations for the joint performance of scientific and technological tasks in service of national defense.

Article 12.-Mobilization modes

The ministries, branches, provincial-level People’s Committees, and other State agencies and organizations responsible for performing the task of mobilizing the State’s scientific and technological potentials for national defense shall, depending on the nature of the work, apply the following modes:

1. Compulsory mobilization, for the contents directly affecting the national security and defense.

2. Mobilization according to the regular and irregular plans when they are approved by the Prime Minister;

3. Mobilization under contracts or agreements with the Ministry of Defense;

4. Voluntary assistance to the Ministry of Defense according to their respective capabilities.

Chapter III

PLAN ELABORATION AND IMPLEMENTATION ORGANIZATION

Article 13.-Principles for the elaboration of mobilization plans

1. The plan on mobilization of the State’s scientific and technological potentials for national defense is a special plan, which shall be incorporated in the general plan on sciences and technologies and elaborated once every five years and every year.

2. In unexpected cases, separate additional mobilization plans shall be elaborated.

3. The mobilization plans must have their cruxes and main points, focusing on high technologies and modern techniques, without overlapping and with close and synchronous coordination as well as unanimity among ministries, branches, provincial-level People’s Committees, and other State agencies and organizations.

Article 14.-Order of elaborating the mobilization plans

1. The ministries, branches, provincial-level People’s Committees, and other State agencies and organizations shall have to assist the Ministry of Defense in inquiring into scientific and technological potentials of the establishments under their respective management in order to elaborate the mobilization plans.

2. Once every five years and every year, the Ministry of Defense shall determine the concrete mobilization demands. It shall assume the prime responsibility and coordinate with the Ministry of Science, Technology and Environment, the Ministry of Planning and Investment and the Ministry of Finance in elaborating the mobilization plans for the ministries, branches, provincial-level People’s Committees, and other State agencies and organizations.

3. The Ministry of Science, Technology and Environment shall assume the prime responsibility and coordinate with the Ministry of Planning and Investment and the Ministry of Finance in organizing the evaluation of mobilization plans, which are included in the five-year and annual general plans on sciences and technologies, before submitting them to the Prime Minister for approval. If the mobilization contents are investment projects, the State’s current law provisions on investment shall be complied with.

4. In case of unexpected demand, the Ministry of Defense shall assume the prime responsibility and coordinate with the Ministry of Science, Technology and Environment, the Ministry of Planning and Investment and the Ministry of Finance in elaborating additional mobilization plans and submit them to the Prime Minister for consideration and decision.

Article 15.-Approval of mobilization plans

1. The Prime Minister shall consider and approve the regular mobilization plans within the general plans on sciences and technologies for the ministries, branches, provincial-level People’s Committees and other State agencies and organizations.

2. In unexpected cases, the Prime Minister shall consider and approve the additional mobilization plans and assign ministries, branches, provincial-level People’s Committees and other State agencies and organizations to deploy the implementation thereof.

3. The ministries, branches, provincial-level People’s Committees and other State agencies and organizations shall work out the implementation plans and assign specific mobilization tasks and norms to their dependent units.

Article 16.-Responsibilities for implementation of mobilization plans

1. The Ministry of Defense shall take responsibility before the Government for the implementation of plans on the mobilization of the State’s scientific and technological potentials for national defense.

2. The ministries, branches, provincial-level People’s Committees and other State agencies and organizations shall, within the ambit of their powers, have to coordinate with the Ministry of Defense in implementing plans on the mobilization of the State’s scientific and technological potentials for national defense.

3. The mobilized organizations and individuals shall have to strictly and fully implement plans on the mobilization of the State’s scientific and technological potentials for national defense.

Article 17.-Inspecting, evaluating and reporting on the implementation of mobilization plans

The Ministry of Defense shall assume the prime responsibility and coordinate with the Ministry of Science, Technology and Environment and relevant agencies in organizing regular or extraordinary inspection for evaluation of the performance of the mobilization tasks and urging units to perform such tasks.

Annually, based on the reports on implementation situation of the ministries, branches, provincial-level People’s Committees and other State agencies and organizations as well as the inspection and evaluation results, the Ministry of Defense shall coordinate with the Ministry of Science, Technology and Environment in making a sum-up report to the Prime Minister.

Article 18.-Hand-over of mobilization results

1. The ministries, branches, provincial-level People’s Committees and other State agencies and organizations shall have to hand over to the Ministry of Defense the mobilization results according to the plans already approved by the Prime Minister. The hand-over of the mobilization results must be recorded in writing.

2. The Ministry of Defense shall have to receive and use the mobilization results. Upon the end of the mobilization duration, the Ministry of Defense shall have to hand over back to the ministries, branches, provincial-level People’s Committees and other State agencies and organizations those contents which must be handed over back as recorded in the mobilization plans.

Article 19.-Funding for implementation of the mobilization plans

1. The funding for implementation of plans on the mobilization of the State’s scientific and technological potentials for national defense shall be covered by the following sources:

a/ The State budget allocations for performance of scientific and technological tasks;

b/ The State budget allocations to the Ministry of Defense;

c/ The State budget allocations to the ministries, branches and provincial-level People’s Committees for expenditure on defense and security work;

d/ The scientific and technological development funds set up under the provisions of the Law on Science and Technology.

e/ Other funding sources.

2. The funding for implementation of plans on the mobilization of the State’s scientific and technological potentials for national defense shall be used for the execution of:

a/ The jobs stipulated in Articles 5, 7, 8, 9, 10 and 11 of this Decree;

b/ The scientific and technological programs, subjects and projects in service of national defense;

c/ Other jobs related to the mobilization of scientific and technological potentials for national defense.

Chapter IV

COMMENDATION, REWARD AND HANDLING OF VIOLATIONS

Article 20.-Commendation and reward

Organizations and individuals recording achievements in the mobilization of the State’s scientific and technological potentials for national defense shall be commended and/or rewarded according to the State’s stipulations.

Article 21.-Handling of violations

Organizations or individuals committing irresponsible acts, warding off, obstructing or opposing the mobilization of the State’s scientific and technological potentials for national defense shall, depending on the nature and seriousness of their violations, be handled according to the provisions of law.

Article 22.-Complaints, denunciations and the settlement thereof

1. Organizations and individuals shall have the right to complain about and individuals shall have the right to denounce law-breaking acts in the mobilization of the State’s scientific and technological potentials in service of national defense.

2. The complaints and denunciations about acts of violating the regulations on the mobilization of the State’s scientific and technological potentials for national defense as well as the settlement thereof shall comply with the provisions of the legislation on complaints and denunciations.

Chapter V

IMPLEMENTATION PROVISIONS

Article 23.-Implementation effect

This Decree takes effect 15 days after its signing. All the earlier provisions contrary to this Decree are hereby annulled.

Article 24.-Responsibility for guiding the implementation of the Decree

The Ministry of Defense shall assume the prime responsibility and coordinate with the Ministry of Science, Technology and Environment and the relevant ministries and branches in guiding the implementation of this Decree.

Article 25.-Implementation provision

The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government, the presidents of the People’s Committees of the provinces and centrally-run cities and relevant organizations and individuals shall have to implement this Decree.