Decree No. 95/2017/ND-CP dated August 16, 2017 of the Government on defining the functions, tasks, powers and organizational structure of the Ministry of Science and Technology

DECREE

Defining the functions, tasks, powers and organizational structure of the Ministry of Science and Technology[1]

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

Pursuant to the Government’s Decree No. 123/2016/ND-CP of September 1, 2016, defining the functions, tasks, powers and organizational structures of ministries and ministerial-level agencies;

At the proposal of the Minister of Science and Technology;

The Government promulgates the Decree defining 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 is a governmental agency performing the function of state management of science and technology, covering: scientific research, technological development and innovation activities; development of scientific and technological potential; intellectual property; standardization, measurement and quality control; atomic energy; radiation and nuclear safety; and public services in the fields under its management as prescribed by law.

Article 2.Tasks and powers

The Ministry of Science and Technology performs the tasks and exercises the powers defined in the Government’s Decree No. 123/2016/ND-CP of September 1, 2016, defining the functions, tasks, powers and organizational structures of ministries and ministerial-level agencies, and has the following specific tasks and powers:

1. To submit to the Government draft laws and resolutions of the National Assembly; draft ordinances and resolutions of the National Assembly Standing Committee; draft resolutions and decrees of the Government under the Government’s annual law-making programs and plans, and resolutions, projects and schemes assigned by the Government or Prime Minister; development strategies and master plans and long-term, five-year and annual plans; important national projects and works in the fields under its management.

2. To submit to the Prime Minister draft decisions and directives and other documents in the fields under its management.

3. To approve five-year scientific and technological orientations, objectives and tasks, annual scientific and technological plans, and scientific and technological tasks under its state management in line with strategies for science and technology development and as decentralized or authorized by the Government or Prime Minister.

4. To promulgate circulars, decisions, directives and other documents under its state management; to guide, examine and organize the implementation of legal documents, promulgated or approved strategies, master plans and plans in the fields under its management; to disseminate and educate about the law on science and technology; to promulgate according to its competence national standards and technical regulations, processes, and techno-economic norms in the sectors and fields under its management.

5. To examine legal documents concerning the sectors and fields under its state management promulgated by other ministries, ministerial-level agencies and provincial-level People’s Councils and People’s Committees; when detecting that a legal document shows signs of contravening the legal documents in the sectors and fields under its management, to propose the handling thereof in accordance with law.

6. To guide and inspect the business lines in sectors and fields on the list promulgated by the Government; to manage the grant, modification, revocation and extension of licenses, certificates and registration certificates in the sectors and fields under its management in accordance with law.

7. To guide functions, tasks, powers and organizational structures of science and technology agencies of People’s Committees of provinces and centrally run cities and People’s Committees of rural districts, urban districts, towns, provincial cities and centrally run cities.

8. Regarding scientific and technological activities:

a/To direct the implementation of five-year and annual scientific and technological orientations, objectives and tasks, promote the development of key techno-economic sectors and fields through applying, renewing and mastering technologies, developing modern and high technologies and commercializing technologies.

b/ To guide ministries, sectors and localities in formulating five-year and annual scientific and technological plans and professional management of scientific and technological activities.

c/ To guide and organize the certification of hi-tech activities; to prescribe conditions for hi-tech incubation establishments and hi-tech enterprise incubation; to provide competence, conditions and procedures for certification of hi-tech human resource training institutions; to build a database and information infrastructure and technical infrastructure on high technologies within its competence; to elaborate and submit to the Government for promulgation criteria and conditions for the establishment of hi-tech parks; to formulate mechanisms and policies for development of high technologies and hi-tech parks; to directly manage Hoa Lac Hi-Tech Park.

d/ To guide the determination, order placement, selection, direct assignment, assessment and take-over tests of scientific and technological tasks; transfer of the rights to own and use the results of state budget-funded scientific research and technological development. To utilize, apply, commercialize, publicize and disseminate results of scientific research, technological development and innovation.

dd/ To manage scientific and technological tasks in the fields under its management; to elaborate, guide, and organize the performance of, national scientific and technological tasks; to guide and coordinate the management and performance of tasks set forth in the Prime Minister-approved national scientific and technological programs and schemes.

e/ To examine, monitor and inspect the implementation and take-over tests of state budget-funded scientific and technological programs, subjects and projects; to independently evaluate results of scientific research and technological development by scientific and technological institutions.

g/ To guide and register the operation of scientific and technological institutions, scientific and technological development funds, technology renewal funds and hi-tech venture funds in accordance with law.

h/ To formulate, guide and organize the implementation of mechanisms and policies for promotion and development of technology incubation and scientific and technological enterprise incubation, establishment and development of scientific and technological enterprises and science and technology market.

i/ To plan, guide and organize the performance of innovative startup activities; to develop a legal environment to support startups; to mobilize investment resources for innovation; to build a national innovation system.

k/ To support organizations and individuals in renewing, seeking and importing technologies, utilizing inventions, decoding and mastering technologies; to evaluate the technological capability and formulate the orientation of technological development and national technological renewal roadmap in accordance with law.

l/ To formulate and submit to the Government for stipulation competence, order, procedures and conditions for grant of certificates of eligibility for provision of technology assessment and evaluation services; special conditions on human resources and technical and physical foundations for organizations conducting technology price appraisal.

m/ To prescribe and guide technology transfer, assessment and evaluation; to license technology transfer and certify the registration of technology transfer as decentralized; to appraise, or give opinions on, scientific and technological contents of investment projects and socio-economic development master plans, master plans of sectors and fields, scientific research programs and schemes serving technology transfer and development of science and technology market under its competence.

9. Regarding the development of scientific and technological potential:

a/ To assume the prime responsibility for, and coordinate with ministries, sectors and localities in, formulating master plans on the network of public scientific and technological institutions, and implementing promulgated master plans; to guide the application of the autonomy mechanism to public scientific and technological institutions; to specify criteria for the establishment, classification, ranking and operation conditions of scientific and technological institutions; to establish and appraise the establishment, reorganization or dissolution of public scientific and technological institutions in accordance with law.

b/ To promulgate according to its competence or submit to competent authorities for promulgation and organize the implementation mechanisms and policies for training, retraining, employment, promotion of individuals engaged in scientific and technological activities.

c/ To formulate and organize the implementation of master plans on human resource development and plans on training and retraining for scientific and technological human resources according to its competence.

d/ To guide information, communication, library and statistical activities in the field of science and technology and the development of the science and technology market; to build a national scientific and technological information and statistics infrastructure; to direct and organize technology and equipment markets, connection of technology supply and demand, technology trading centers and scientific and technological exhibitions; to build a system of national databases on science and technology; to invest in the development of advanced scientific and technological information networks linked with regional and international networks.

10. Regarding intellectual property:

a/ To elaborate, guide, organize and inspect the implementation of the law on intellectual property; to prescribe order and procedures for registration and establishment of intellectual property rights as well as rights to use and transfer intellectual assets of organizations and individuals.

b/ To perform the state management of innovative activities.

c/ To guide and organize the establishment and transfer of industrial property rights; to apply measures to protect legitimate interests of the State, organizations and individuals in the field of industrial property.

d/ To provide professional guidance to management agencies in charge of industrial property; to manage industrial property representation and examination and other intellectual property services; to provide professional guidance on industrial property to ministries, sectors, localities, enterprises and units.

dd/ To assume the prime responsibility for settling disputes over, and commercial disputes related to, industrial property in accordance with law.

e/ To coordinate with the Ministry of Culture, Sports and Tourism, Ministry of Information and Communications and Ministry of Agriculture and Rural Development in performing the state management of intellectual property in related fields as assigned by the Government.

11. Regarding standardization, measurement and quality control:

a/ To manage the system of Vietnam standards and technical regulations; to evaluate and announce national standards; to guide the elaboration and evaluation of national technical regulations; to elaborate and guide the application of national standards; to elaborate, promulgate and guide the application of national technical regulations in the fields under its management; to participate in elaborating international standards; to guide the application of international, regional and foreign standards in Vietnam; to guide the elaboration of local technical regulations; to guide the elaboration and announcement of basic standards; to organize and manage the operation of the national network of notification and enquiry authorities for technical barriers to trade; to perform the state management of goods labels, numeric codes, bar codes and classification of products and goods.

b/ To manage the establishment, maintenance, preservation, use, development and application of the system of measurement standards; to approve national measurement standards; to research, apply, develop, manufacture and produce benchmark and measuring instruments; to designate an organization to keep national measurement standards; to perform the measurement management of instruments of measurement, measurement methods, quantities of prepackaged goods and measurement standards; to manage the verification, calibration and testing of instruments of measurement and measurement standards; to support the renewal and development of measurement activities in enterprises.

c/ To assume the prime responsibility for, and coordinate with related ministries and sectors in, performing the state management of product and goods quality in the production, and goods exported, imported or marketed and in use in accordance with law.

d/ To guide and manage the assessment of conformity with standards and technical regulations and accreditation of conformity assessment organizations.

dd/ To research, apply and raise productivity and quality of goods; to assume the responsibility for implementing national programs on raising productivity, quality and competitiveness of products and goods; to assume the prime responsibility for, and coordinate with related ministries and sectors in, implementing international agreements and treaties on mutual recognition of results of assessment of standard- and technical regulation-conformity, measurement and product and goods quality control; to manage, guide and conduct the application of the advanced system of quality management in agencies and organizations of the state administrative system, organizations and enterprises.

12. Regarding atomic energy and radiation and nuclear safety:

a/ To formulate and submit to competent authorities for promulgation, or promulgate according to its competence, and organize the implementation of, mechanisms and policies for atomic energy development and application for peace.

b/ To perform state management of atomic energy application in techno-economic sectors; to assume the prime responsibility, and coordinate with ministries and sectors in, formulating, guiding and organizing the implementation of, master plans and plans on radiation and radioactive isotope application for socio-economic development; to guide, and organize the performance of, tasks in the building of radiation establishments and nuclear establishments in accordance with law.

c/ To manage radiation safety, environmental radioactivity, nuclear safety, security of radioactive sources, nuclear security and nuclear inspection in atomic energy activities nationwide.

d/ To manage the national environmental radioactivity observation and warning network and the system of standardized national laboratories in the field of radiation and nuclear measurement.

dd/ To prescribe and guide the declaration and grant of licenses for performance of radiation jobs; to inspect and handle violations in the assurance of radiation and nuclear safety in atomic energy activities.

e/ To manage nuclear fuels, spent nuclear fuels, nuclear materials, source nuclear materials, radioactive waste and services in support of atomic energy application; to manage the import and export of technologies, equipment of radiation, nuclear fuels, spent nuclear fuels and nuclear materials and radioactive sources nationwide;

g/ To provide control of, and response to, radiation and nuclear accidents.

13. To perform the state management of public non-business services under its state management in accordance with law.

14. Regarding the management of civil servants and public employees of scientific and technologies ranks:

a/ To provide professional standards of civil servant ranks and standards of professional titles of public employees in the field of science and technology after the Ministry of Home Affairs gives its opinions.

b/ To guide  the list of working positions, structure of civil servant ranks, professional title-based structure of public employees applicable to agencies, organizations and public non-business units in the field of science and technology.

c/ To prescribe specific criteria, conditions, contents and forms of rank promotion examination or consideration, and organize rank promotion examination or consideration for public employees of scientific and technological ranks in accordance with law.

d/ To guide criteria for heads or managers of specialized agencies in charge of science and technology under provincial-level People’s Committees.

15. Regarding international cooperation:

a/ To organize the implementation of approved bilateral and multilateral cooperation programs and agreements as well as schemes on international and regional integration in science and technology; to develop a network of overseas scientific and technological representations according to directions of the Government or Prime Minister.

b/ To direct and guide the implementation of regulations of the Government and Prime Minister on the organization of international conferences and workshops related to the fields under its state management.

c/ To act as an official representative of Vietnam in international organizations in the field of science and technology as assigned or decentralized by the Government or Prime Minister.

16. Regarding inspection, examination, corruption prevention and combat, thrift practice and wastefulness combat:

a/ To guide, examine and inspect the implementation of policies and laws in the sectors and fields under its state management; to provide professional guidance on specialized inspection and handling of violations in accordance with law.

b/ To settle organizations’ or individuals’ complaints, denunciations and recommendations related to the sectors and fields under its state management; to receive citizens; to prevent and combat corruption; to practice thrift and combat wastefulness in accordance with law.

17. To manage associations and non-governmental organizations operating in the fields under its state management in accordance with law.

18. To manage and organize the implementation of investment projects under its management in accordance with law.

19. To organize and direct the implementation of scientific research plans, application and commercialization of results of scientific research and technological development in units under its management.

20. To act as the representative of the owner of state capital portions in state enterprises under its management in accordance with law.

21. To organize the implementation of its administrative reform plan under the state administrative reform program approved by the Government or Prime Minister.

22. To manage its organizational apparatus and payroll of civil servants, working positions, structure of public employees and number of employees of public non-business units; to decide on the appointment, re-appointment, transfer, rotation, dismissal, resignation, relief from duty and seconding of personnel; to implement the wage regime as well as preferential treatment regimes and policies, commendation and disciplining and other regimes toward cadres, civil servants and public employees; to elaborate and implement plans on professional training and retraining of cadres, civil servants and public employees under its management in accordance with law.

23. To make its annual state budget estimates. To coordinate with the Ministry of Finance in formulating mechanisms and policies in the field of science and technology and annual budget plans for science and technology; to determine structures and levels of annual budget expenditure for scientific and technological activities of ministries, sectors and localities; to formulate and synthesize science and technology sector’s state budget estimates for submission to competent authorities for approval. To coordinate with the Ministry of Planning and Investment in formulating annual budget plans for development investment in science and technology. To manage, organize the implementation, inspect and supervise the use of state budget funds in the science and technology sector; to perform other tasks related to state budget and assets in accordance with law.

24. To perform other tasks and exercise other powers as assigned by the Government or Prime Minister, or prescribed by law.

Article 3.Organizational structure

1. The Department of Social, Human and Natural Sciences.

2. The Department of Science and Technology for Economic and Technical Sectors.

3. The Technology Assessment, Appraisal and Evaluation Department.

4. The Department of High Technology.

5. The Planning and Finance Department.

6. The Legal Affairs Department.

7. The Organization and Personnel Department.

8. The International Cooperation Department.

9. The Emulation-Commendation Department.

10. The Local Science and Technology Development Department.

11. The Office.

12. The Inspectorate.

13. The Southern Affairs Department.

14. The Technology Application and Development Department.

15. The Vietnam Atomic Energy Agency.

16. The National Agency for Science and Technology Information.

17. The Department of Market Development and Scientific and Technological Enterprises.

18. The Vietnam Agency for Radiation and Nuclear Safety.

19. The National Office of Intellectual Property of Vietnam.

20. The Directorate for Standards, Metrology and Quality.

21. The Management Board of Hoa Lac Hi-Tech Park.

22. The Science, Technology and Innovation Academy.

23. The Science and Development newspaper.

24. The Vietnam Science and Technology magazine.

25. The Information Technology Center.

The units referred to in Clauses 1 thru 21 of this Article are administrative units assisting the Minister in performing the state management function; and the units referred to in Clauses 22 thru 25 are non-business units serving the Ministry’s state management.

The Department of Social, Human and Natural Science may organize 2 divisions; the Department of Science and Technology for Economic and Technical Sectors, 3; the Organization and Personnel Department, 3; the International Cooperation Department, 3; the Planning and Finance Department, 3; the Legal Affairs Department, 3; the Office, 9; and the Inspectorate, 4.

The Southern Affairs Department may organize 4 divisions; the Technology Application and Development Department, 8; the National Office of Intellectual Property of Vietnam, 18; the Vietnam Atomic Energy Agency, 6; the National Agency for Science and Technology Information, 5; the Vietnam Agency for Radiation and Nuclear Safety, 7 divisions and an inspectorate; and the Department of Market Development and Scientific and Technological Enterprises, 5.

The Minister of Science and Technology shall submit to the Prime Minister for promulgation decisions defining the function, tasks, powers and organizational structures of the Directorate for Standards, Metrology and Quality, the Management Board of Hoa Lac Hi-Tech Park and the Science, Technology and Innovation Academy, and a list of other non-business units attached to the Ministry.

The Minister of Science and Technology shall define the functions, tasks, powers and organizational structures of units attached to the Ministry, other than those referred to in Clauses 20, 21 and 22 of this Article.

Article 4.Transitional provisions

The Directorate for Standards, Metrology and Quality and the Management Board of Hoa Lac Hi-Tech Park shall comply with current regulations on their organization structures and operation until the Prime Minister promulgates new decisions on their functions, tasks, powers and organizational structures.

Article 5.Effect

This Decree takes effect on the date of its signing, and replaces the Government’s Decree No. 20/2013/ND-CP of February 26, 2013, defining the functions, tasks, powers and organizational structure of the Ministry of Science and Technology.

Article 6.Implementation responsibility

Ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of provincial-level People’s Committees shall implement this Decree.-

On behalf of the Government
Prime Minister
NGUYEN XUAN PHUC