Decree 28/2023/ND-CP functions, tasks, powers, 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; and the November 22, 2019 Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration;

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 (below referred to as Decree No. 123/2016/ND-CP); and the Government’s Decree No. 101/2020/ND-CP of August 28, 2020, amending and supplementing a number of articles of 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 (below referred to as Decree No. 101/2020/ND-CP);

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, technology and innovation, covering: scientific research, technological development and innovation activities; development of scientific and technological potential; intellectual property; standards, metrology and quality; atomic energy; radiation and nuclear safety; and public services in the fields falling under the Ministry’s management as prescribed by law.

Article 2. Tasks and powers

The Ministry of Science and Technology shall perform the tasks and exercise the powers defined in Decree No. 123/2016/ND-CP and Decree No. 101/2020/ND-CP, and the following specific tasks and powers:

1. To submit to the Government draft laws and draft resolutions of the National Assembly; draft ordinances and draft resolutions of the National Assembly Standing Committee; draft resolutions and draft decrees of the Government under the Government’s annual lawmaking programs and plans, and drafts of resolutions, projects or schemes assigned by the Government or Prime Minister; to submit to the Prime Minister drafts of decisions or directives and other documents in the fields falling under the Ministry’s management.

2. To submit to the Government or Prime Minister strategies, master plans, programs and long-term and five-year development plans on science, technology and innovation and important national projects and works of the science and technology sector in the fields falling under the Ministry’s management.

3. To approve five-year and annual science, technology and innovational orientations, objectives and tasks; annual science, technology and innovation plans, and science, technology and innovation tasks falling under the Ministry’s state management in line with strategies for science, technology and innovation development as decentralized or authorized by the Government or Prime Minister.

4. To promulgate circulars, decisions, directives and other documents falling under the Ministry’s state management; to guide, inspect and organize the implementation of legal documents, strategies, master plans and plans in the fields falling under the Ministry’s management after they are promulgated or approved; to carry out public communication and education about the law on science, technology and innovation; to promulgate according to the Ministry’s competence standards, national technical regulations, processes and techno-economic norms in the sectors and fields falling under the Ministry’s state management. 

5. To examine legal documents concerning the sectors and fields falling under the Ministry’s state management which are promulgated by other ministries and provincial-level People’s Councils and People’s Committees; to review and systematize legal documents and, when detecting illegal provisions in such legal documents in the sectors and fields falling under the Ministry’s management, propose the handling thereof in accordance with law. 

6. To guide and inspect the business lines in the sectors and fields falling under the Ministry’s management on the Government-issued list; to manage the grant, modification, revocation and extension of licenses, certificates and registration certificates in the sectors and fields falling under the Ministry’s state management in accordance with law.

7. To direct and inspect the management of science, technology and innovation activities of specialized agencies in charge of science and technology under provincial-level People’s Committees. To guide the performance of the functions, tasks and powers of specialized agencies in charge of science and technology under provincial- and district-level People’s Committees; to guide the functions, tasks, powers of sub-departments, and functions, tasks, powers and organizational structures of public science and technology non-business units of specialized agencies in charge of science and technology under provincial-level People’s Committees.

8. Regarding science, technology and innovation activities:

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

b/ To guide ministries, sectors and localities in formulating and implementing five-year and annual science, technology and innovation plans and in managing science, technology and innovation activities.

c/ To organize the certification of hi-tech activities; to set conditions for hi-tech incubators and hi-tech business incubators; to provide for the competence, conditions and procedures for certification of hi-tech human resource training institutions; to build a database and information infrastructure on high technologies and technical infrastructure on high technologies falling within the Ministry’s competence; to formulate and submit to the Government for promulgation regulations on hi-tech parks, orientations for hi-tech industries prioritized for development investment in each period, and a list of technologies prioritized for research, development and application in order to proactively participate in the Fourth Industrial Revolution, and mechanisms and policies for development of high technologies and hi-tech parks.

d/ To guide the determination, order placement, selection, direct assignment, evaluation and takeover tests of science, technology and innovation tasks; to coordinate with the Ministry of Finance in guiding the valuation of assets which are outcomes of science and technology tasks and intellectual assets in accordance with law; transfer of the rights to own and use state budget-funded scientific research, technological development and innovation outcomes; utilization, application and commercialization of technologies, scientific research and technological development outcomes, and announcement and dissemination of scientific research, technological development and innovation outcomes.

dd/ To manage science, technology and innovation tasks in the fields falling under the Ministry’s management; to formulate, and guide and organize the performance of, national-level science and technology tasks; to manage and organize the performance of, tasks set forth in the Prime Minister-approved national science, technology and innovation programs and schemes.

e/ To examine, monitor, evaluate and inspect state budget-funded science, technology and innovation programs, topics and projects during their implementation and after takeover test; to independently evaluate scientific research, technological development and innovation outcomes.

g/ To guide and register the operation of science and technology institutions, science and technology development funds, technology innovation funds and hi-tech venture investment funds; to certify the operation of organizations and individuals engaged in hi-tech activities and hi-tech enterprises in accordance with law.

h/ To formulate, and guide and organize the implementation of, mechanisms and policies on promotion and development of technology research, application and incubation.

i/ To support organizations and individuals in evaluating, innovating, seeking and importing technologies, utilizing inventions, decrypting and mastering technologies; to guide and evaluate the technological qualification and capacity, and formulate orientations for technological development and roadmaps for national technological innovation in accordance with law.

k/ To formulate, and submit to the Government for promulgation regulations on the competence, order, procedures and conditions for grant of certificates of eligibility for provision of technology evaluation and assessment services; special conditions on human resources and physical-technical foundations for organizations conducting technology price appraisal, and organize the implementation of such regulations after they are promulgated.

l/ To formulate, and guide and organize the implementation of, mechanisms and policies on technology evaluation, appraisal, assessment and transfer; to license technology transfer for technologies restricted from transfer, certify the registration of technology transfer, and certify technology transfer for technologies promoted for transfer as decentralized; to appraise, and give opinions on, scientific and technological contents of investment projects, national sectoral master plans, regional master plans, provincial master plans, master plans of special administrative-economic units, master plans on urban areas, master plans of rural areas, and specialized technical master plans, and scientific research programs and schemes serving technology transfer and development of the science and technology market.

9. Regarding innovation, development of the science and technology market and science and technology enterprises

a/ To perform the unified management of innovation activities; to formulate, and guide, inspect and organize the implementation of, mechanisms and policies on promotion and development of innovation and innovative startups, and mobilize investment resources for innovation and innovative startups.

b/ To manage, guide, and organize the performance of, innovation activities, development of the national innovation ecosystem and innovative startups; to establish and promote a legal environment to support innovation and innovative startups.

c/ To manage and develop a system of organizations supporting innovative startups; to build, operate and develop the national innovative startup network.

d/ To manage, guide, and organize the development of, the science and technology market; to promote the science and technology market on a regional, national and international scale, technology trading centers and technology exchanges.

dd/ To formulate, and guide and organize the implementation of, mechanisms and policies on promotion and development of incubation activities, activities to support science and technology enterprises and innovative startup enterprises, and establishment of science and technology enterprises; to implement programs to support the development of incubation organizations and enterprises, and develop science and technology enterprises.

e/ To guide the establishment of incubators, technical facilities, and co-working places for innovation, innovative startups, and development of the science and technology market and science and technology enterprises; to support for raising technological capacity for small- and medium-sized enterprises in accordance with law.

10. Regarding development of science, technology and innovation potential

a/ To assume the prime responsibility for, and coordinate with ministries, sectors and localities in, formulating and submitting to competent authorities the master plan on the network of public science and technology organizations, and organizing the implementation of such master plan after it is promulgated; to guide the application of the autonomy mechanism to public science and technology organizations; to submit to the Prime Minister for promulgation a list of basic and essential public services in the field of science and technology; to assume the prime responsibility for, and coordinate with the Ministry of Finance and related ministries and agencies in, submitting to the Government for promulgation additional regulations on the specific autonomy mechanism applicable to the field of science and technology.

b/ To specify criteria for the classification, ranking, and conditions for establishment, merger, consolidation, reorganization and dissolution of science and technology organizations; to establish, and appraise the establishment of, reorganize and dissolve public science and technology organizations in accordance with law; to guide the functions, tasks, powers, organizational structures and operation regulations of management councils of public science and technology organizations.

c/ To promulgate according to the Ministry’s competence or submit to competent authorities for promulgation, and organize the implementation of, mechanisms and policies on training, further training, employment and preferential treatment of individuals engaged in scientific and technological activities; and policies to attract scientists, experts, and overseas Vietnamese intellectuals.

d/ To formulate, and organize the implementation of, master plans on development of science and technology human resources and training and further training plans to improve professional qualifications and skills in science and technology; to organize training and further training in science and technology for science and technology personnel under the Ministry’s management.

dd/ To manage, guide, and organize the performance of, information and library activities, statistics on science, technology and innovation; to manage the announcement of domestic sciences and technologies; to build science, technology and innovation information and statistics infrastructure facilities; to direct and organize technology and equipment markets, connection of technology supply and demand, technology trading activities and science, technology and innovation exhibitions; to build a system of databases on science, technology and innovation; to invest in the development of the national scientific and technological information network linked with regional and international networks.

e/ To manage, guide, and organize the consideration for conferment of, the Ho Chi Minh Prize, State prizes and other awards in science and technology in accordance with law.

g/ To develop, guide and organize public communication about science, technology and innovation.

11. Regarding intellectual property

a/ To assume the prime responsibility for, and coordinate with ministries, sectors and localities in, formulating, and guiding and organizing the implementation of, mechanisms, policies, strategies, master plans, plans, programs and schemes on intellectual property.

b/ To formulate, and guide, organize and inspect the implementation of, the law on intellectual property; to provide for the order and procedures for registration, establishment and transfer of industrial property rights of organizations and individuals.

c/ To perform the state management of activities concerning initiatives.

d/ 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.

dd/ To provide professional guidance on industrial property to management agencies and organizations and individuals; to guide and support organizations and individuals in managing, utilizing and developing intellectual assets falling under the Ministry’s state management in accordance with law.

e/ To manage industrial property representation and assessment activities and other intellectual property services;

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

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

12. Regarding standards, metrology and quality:

a/ To manage the system of Vietnam standards and technical regulations; to appraise and declare national standards; to guide the formulation and appraisal of national technical regulations; to organize the formulation and guide the application of national standards and formulate, promulgate, and guide the application of, national technical regulations in the fields assigned to the Ministry for management; to participate in formulating international and regional standards; to guide the application of international standards, regional standards and foreign standards in Vietnam; to guide the formulation of local technical regulations; to guide the formulation and declaration of in-house standards; to manage the operation of the network of notification and enquiry authorities and the Interdisciplinary Committee on Technical Barriers to Trade; to manage the national database on national standards and national technical regulations; to perform the state management of goods labels, article number codes, barcodes and traceability 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, deploy, apply, develop, manufacture and produce standards products and substances, and measuring devices; to designate an organization to keep national measurement standards; to perform the measurement management for measuring apparatuses, measurement methods, quantities of prepackaged goods and measurement standards; to manage the verification, calibration and testing of measuring apparatuses and measurement standards; to support the innovation and development of measurement activities in enterprises; to conduct state inspection of measurement, product quality and goods labels in accordance with law.

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

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

dd/ To research, deploy, apply and raise productivity and quality in sectors and fields; to assume the responsibility for implementing the national program on raising productivity and quality of products and goods; to assume the prime responsibility for organizing the application of traceability; to research, consult, train and apply science, technology and innovation in the field of standards, metrology and quality; to assume the prime responsibility for, and coordinate with related ministries and sectors in, implementing international agreements and treaties in the fields of standards, technical regulations, measurement, productivity and quality of products and goods, goods labels, article number codes, barcodes and traceability of products and goods, and conformity assessment; to manage, guide and organize the application of the advanced quality management system in the operation of agencies and organizations of the state administrative system, organizations and enterprises; to manage, guide and organize national quality awards; to manage the consideration for conferment of product and goods quality prizes for organizations and individuals.

e/ To organize the establishment, management, operation, maintenance and exploitation of the system of databases on article number codes, barcodes and traceability of products and goods; to organize training, further training and coaching in the field of article number codes, barcodes and traceability of products and goods for agencies and organizations of the state administrative system, organizations and enterprises.

13. Regarding atomic energy and radiation and nuclear safety

a/ To formulate and submit to competent authorities for promulgation, or promulgate according to the Ministry’s competence, and organize the implementation of, mechanisms and policies on research, development and application of atomic energy for peaceful purposes.

b/ To perform state management of atomic energy research, development and application in techno-economic sectors; to assume the prime responsibility, and coordinate with ministries and sectors in, formulating, and guiding and organizing the implementation of, master plans and plans on atomic energy application development for socio-economic development; to guide and organize the performance of tasks in the building of radiation facilities and nuclear facilities 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 monitoring and warning network and the system of standardized national laboratories in the field of radiation and nuclear measurement.

dd/ To provide for and guide the declaration, and grant of licenses for performance, of radiation jobs; to carry out inspection 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 wastes and services in support of atomic energy application; to manage the import and export of radiation technologies and equipment, nuclear fuels, spent nuclear fuels, nuclear materials and radioactive sources nationwide;

g/ To provide for the control and handling of radiation and nuclear incidents.

14. To perform the state management of public non-business services in the fields falling under the Ministry’s state management in accordance with law.

15. Regarding management of civil servants and public employees specialized in science and technology:

a/ To manage employment positions, rank-based structure of civil servants, professional title-based structure of public employees, payroll of civil servants, and number of employees of public science and technology non-business units falling under the Ministry’s management in accordance with law.

b/ To guide employment positions for civil servants specialized in science and technology from the central to local levels; to assign civil servant payroll to agencies and organization in the science and technology sectors and fields; to provide guidance on employment positions and professional title-based structure of public employees and maximum number of employees of public science and technology non-business units falling under the Ministry’s management in accordance with law.

c/ To specify contents, forms and determination of candidates having passed the consideration for promotion of professional titles for public employees specialized in science and technology after reaching agreement with the Ministry of Home Affairs.

d/ To provide for professional codes and standards of civil servant ranks, public-employee professional titles and salary ranking for civil servants and public employees specialized in science and technology in accordance with law.

16. Regarding international cooperation and integration

a/ To guide and organize the implementation of international integration activities concerning science and technology under regulations.

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

c/ To direct and guide the implementation of the Government’s and Prime Minister’s regulations on organization of international conferences and seminars related to the fields falling under the Ministry’s state management.

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

17. Regarding inspection, examination, corruption prevention and combat, thrift practice and waste combat:

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

b/ To settle organizations’ or individuals’ complaints, denunciations and recommendations related to the sectors and fields under the Ministry’s state management; to organize the reception of citizens and carry out corruption prevention and combat, thrift practice and waste combat in accordance with law.

18. To organize the management of associations and non-governmental organizations operating in the fields falling under the Ministry’s state management in accordance with law.

19. To manage and organize the implementation of investment projects falling within the Ministry’s competence in accordance with law.

20. To organize and direct the implementation of scientific research plans, technology application and commercialization of scientific research and technological development outcomes in units under the Ministry’s management.

21. To act as the representative of the owner of state capital portions in state-invested enterprises and off-budget state financial funds under the Ministry’s management in accordance with law.

22. To organize the implementation of the Ministry’s administrative reform plan under the state administrative reform program approved by the Government or Prime Minister; to organize the implementation of information technology application activities, digital transformation, development of e-government toward digital government, digital economy and digital society; to build, operate, and ensure information security of, digital infrastructure, digital platforms, data platforms, and digital applications and services in the field of science, technology and innovation in accordance with the Government’s regulations.

23. To manage the Ministry’s organizational apparatus and payroll of civil servants, employment 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, and implement the wage regime, preferential treatment regimes and policies, commendation and disciplining, and other regimes toward cadres, civil servants and public employees; to formulate, and organize the implementation of, plans on professional training and further training of cadres, civil servants and public employees under the Ministry’s management in accordance with law.

24. To make the Ministry’s annual budget estimates and final accounts and 3-year financial-state budget plans. To coordinate with the Ministry of Finance and related ministries and agencies in making and synthesizing state budget estimates, annual plans on allocation of central budget funds, 5-year financial plans, and 3-year financial-state budget plans in the field of science and technology. To coordinate with the Ministry of Finance in formulating budget expenditure regimes, criteria and norms applicable to the field of science and technology; to formulate proposals for structures and levels of state budget expenditures for scientific and technological activities. To coordinate with the Ministry of Planning and Investment in formulating plans on budget funds for development investment in science and technology in accordance with law. To manage, and organize, inspect and supervise the use of, state budget funds for science and technology; to perform other tasks related to state budget and assets in accordance with law. 

25. To perform other tasks and exercise other powers as assigned by the Government or Prime Minister in accordance with law.

Article 3. Organizational structure

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

2. The Department of Science and Technology for Economic-Technical Branches.

3. The Department of Technology Appraisal, Examination and Assessment.

4. The Department of High Technology.

5. The Atomic Energy Department.

6. The Department for Technology and Technical Advance Application.

7. The Department of Planning and Finance.

8. The Department of Legislation.

9. The Department of Organization and Personnel.

10. The Department of International Cooperation.

11. The Office.

12. The Inspectorate.

13. The State Agency for Technology Development and Innovation.

14. The National Agency for Science and Technology Information.

15. The National Agency for Technology Entrepreneurship and Commercialization Development.

16. The Vietnam Agency for Radiation and Nuclear Safety.

17. The Intellectual Property Office of Vietnam.

18. The National Committee for Standards, Metrology and Quality.

19. The Academy of Science, Technology and Innovation.

20. The VnExpress online newspaper.

21. The Vietnam Science and Technology magazine.

22. The Information Technology Center.

In this Article, the units specified in Clauses 1 thru 18 are administrative organizations assisting the Minister in performing the state management functions; and the organizations specified in Clauses 19 thru 22 are non-business units serving the Ministry’s state management functions. The National Committee for Standards, Metrology and Quality has its seal bearing the National Emblem.

The Minister of Science and Technology shall submit to the Prime Minister for promulgation a decision defining the functions, tasks, powers and organizational structure of the Academy of Science, Technology and Innovation and a list of other public 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 according to his/her competence.

Article 4. Transitional provisions

1. The Directorate for Standards, Metrology and Quality (reorganized into the National Committee for Standards, Metrology and Quality) shall continue to perform its assigned functions and tasks until a competent agency issues new regulations defining the functions, tasks, powers and organizational structure of the National Committee for Standards, Metrology and Quality.

2. The Ministry of Science and Technology shall continue to manage the Hoa Lac Hi-Tech Park until a competent agency issues a new decision. The Management Board of the Hoa Lac Hi-Tech Park shall maintain its organization and operation under current regulation until a competent authority decides on its reorganization.

3. The National Agency in Southern Region and the Department of Emulation and Reward shall continue to operate until the Minister of Science and Technology promulgates regulations defining the functions, tasks, powers and organizational structures of the units specified in Clauses 9 and 11, Article 3 of this Decree.

4. The Department of Local Science and Technology Development (reorganized into the Department for Technology and Technical Advance Application), the Vietnam Atomic Energy Agency (reorganized into the Atomic Energy Department), and the State Agency for Technology Innovation (reorganized into the State Agency for Technology Development and Innovation) shall continue to operate until the Minister of Science and Technology promulgates regulations defining the functions, tasks, powers and organizational structures of the units specified in Clauses 5, 6 and 13, Article 3 of this Decree. The Science and Development newspaper and VnExpress online newspaper shall terminate their operation on the date the Minister of Information and Communications issues a decision to revoke their press activity licenses.

Article 5. Effect

This Decree takes effect on June 6, 2023, and replaces the Government’s Decree No. 95/2017/ND-CP of August 16, 2017, 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
For the Prime Minister
Deputy Prime Minister
TRAN LUU QUANG