Decree No. 27/2017/ND-CP dated March 15, 2017 of the Government amending and supplementing a number of articles of the Decree No. 213/2013/ND-CP dated 20 December 2013 of government regulations on the organization and inspection activities of science and technology

THE GOVERNMENT

DecreeNo. 27/2017/ND-CP dated March 15, 2017 of the Government amending and supplementing a number of articles of the Decree No. 213/2013/ND-CP dated 20 December 2013 of government regulations on the organization and inspection activities of science and technology

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

Pursuant to the Law on Science and Technology dated June 18, 2013;

Pursuant to the Law on Inspection dated November 15, 2010;

Pursuant to the Law on handling with administrative violations dated June 20, 2012;

At the proposal of the Minister of Science and Technology;

The Government promulgates the Decree amending and supplementing a number of articles of the Decree No. 213/2013/ND-CP dated December 20, 2013 of the Government on the organization and inspection activities of science and technology;

Article 1.To amend, supplement a number of the Decree No. 213/2013/ND-CP dated December 20, 2013 of the Government on the organization and inspection activities of science and technology as follows:

1. To supplement Point c into Clause 2 Article 4 as follows:

“c) Department of Standards Metrology and Quality is under the management of Department of Science and Technology of provinces and central cities.”

2. To amend and supplement Article 9 as follows:

“Article 9.Tasks and obligations of General Department of Standards Metrology and Quality and the General Director of Standards Metrology and Quality Department; Vietnam Agency for Radiation and Nuclear Safety and Director of Vietnam Agency for Radiation and Nuclear Safety; Sub-department of Standards Metrology and Quality and Director of Standards Metrology and Quality Sub-department

1. General Department of Standards Metrology and Quality (hereinafter referred to as General Department) and the General Director of Standards Metrology and Quality Department (hereinafter referred to as General Director); Vietnam Agency for Radiation and Nuclear Safety(hereinafter referred to as Department) and Director of Vietnam Agency for Radiation and Nuclear Safety(hereinafter referred to as Director); and Director of Standards Metrology and Quality Sub-department(hereinafter referred to as Director of the Sub-Department) shall perform tasks and obligations as stipulated under the Decree No. 07/2012/ND-CP of the Government stipulating the agency assigned to implement specialized inspection functions and operation of specialized inspection.

2. The Director of the Sub-Department shall have competence to sanction administrative violations as assigned to the Chief Inspector of the Department as stipulated under Clause 2 Article 46 of the Law on sanctioning administrative violations and the Decree stipulating on sanctioning administrative violations in the field of standards,metrology and quality of goods and products.”

3. To amend, supplement Article 10a into Article 10 as follows:

“Article 10a.The Staff on specialized inspection at the Sub-Department

The Staff on inspection at the Sub-Department shall be under the management of Specialized Department assigned by the Director of the Sub-Department. The Staff on inspection of the Sub-Department shall perform tasks and obligations as follows:

1. To assume the prime responsibility of and coordinate with other units to build the program and plan on inspections;

2. To support the Director of the Sub-Department to implement inspection activities under the competence of the Sub-Director;

3. To implement inspection as planned and inspect frequently and inspect as assigned by the Sub-Director;

4. To summarize and build the report on specialized inspection activities, handling withcomplaints and denunciationsand prevention of corruption to send to the Inspection Department, the General Department as stipulated by the law;

5. To supervise and examine the implementation of conclusions, recommendations and decisions performed by the Sub-Director;

6. To perform other tasks assigned by the Sub-Director and as stipulated by the law;

4. To amend, supplement Clause 1, Clause 2 and supplement Clause 4ainto Clause 4 Article 12 as follows:

a) To amend, supplement Clause 1, Clause 2 Article 12 as follows:

“1. The Inspectors of the Ministry shall guide specialized inspection professions on science and technology for the General Department, Department, Inspectors of the Department, Inspectors of the Sub-Department;

2. The General Department, Department, Inspectors of the Department shall direct and guide inspectors of the Department on specialized inspection professions on science and technology; support inspectors of the Ministry to guide inspectors of the Department on specialized inspection professions on science and technology; coordinate with inspectors of the Department to perform specialized inspection activities under its competence.”

b) To supplement Clause 4a into Clause 4 Article 12 as follows:

“4a. The Sub-Department shall guide specialized inspection professions on science and technology of the Inspectors of the Ministry, Inspectors of the Department, General Department; assign officers to coordinate specialized inspection on science and technology with Inspectors of the Ministry, General Departments, Departments, Inspectors of the Department when requested.”

5. To amend, supplement Clause 3 Article 14 as follows:

“3. Inspectors on science and technology shall only use card and uniform when performing the task of specialize inspection as stipulated by the law.”

6. To supplement Clause 5into Article 19 as follows:

“5. The Sub-Department shall inspect contents as stipulated under Clause 2 of this Article under its competence on State management.”

7. To supplement Clause 3a into Clause 3 Article 20 as follows:

“3a. The General Director shall report to the Chief Inspector of the Department on specialized inspection overlapped to local specialized inspection agencies.”

8. To supplement Clause 1a into Clause 1 Article 22 as follows:

“1a. The Chief Inspector of the Department shall decide on re-inspecting cases concluded by the Sub-Director but detecting violations of the law when being assigned by the Director of the Department.”

9. To amend, supplement Point d Clause 2 Article 23 as follows:

“d. No later than November 20, the Sub- Department shall base on inspection orientations on standards, quality and request to build the plan and send the inspection plan to the Inspection Department to summarize and report to the Director of the Department.

No later than December 5, based on orientations on inspection of science and technology sector and request the Department of Science and Technology to build the inspection plan and summarize the plan on specialized inspection of the sub-department to submit to the Director of the Department for consideration and approval.

The Director of Science and Technology shall consider and approve the inspection plan of the Department no later than December 15.”

10. To amend, supplement Clause 2 and supplement Clause 6 into Article 24 as follows:

a) The Chairman of People’s Committees of provinces and cities under the central management shall direct the Director of Science and Technology to ensure expenses, uniforms and other necessary conditions for inspection activities.”

b) To supplement Clause 6 into Article 24 as follows:

“6. The Sub-Director shall organize and direct specialized inspection activities of the sub-department; ensuring conditions on expenses, equipment, uniforms and other necessary conditions to serve for specialized inspection activities of the sub-department.”

11. To amend, supplement Clause 2 Article 25 as follows:

“2. Agencies, organizations, individuals are not under the subjects as stipulated under Clause 1 of this Article when receiving requests, recommendations and decisions on inspection of the Ministry of Science and Technology, Inspectors of the Ministry, Department of Science and Technology, Inspectors of Department, General Department, Sub-Department shall be responsible to implement and reply in writing on complying with those requests, recommendations and decisions.”

Article 2. Implementation provisions

1. This Decree takes effect on its signing date;

2. The Minister of Science and Technology shall guide the implementation of this Decree.

3. Ministers, Heads of Ministry-level agencies, heads of Government agencies, Chairmen of People Committees of provinces and central cities shall implement this Decree;

For The Government

The Prime Mnister

Nguyen Xuan Phuc