Chương IX Luật Khoa học và công nghệ 2013: Trách nhiệm quản lý nhà nước về khoa học và công nghệ

Chapter IX

STATE ADMINISTRATION ON SCIENCE AND TECHNOLOGY

Article 73. Responsibility of the Government

1. Unify state administration on scientific and technological development across the country and promulgate legislative documents, specific mechanism, policies to ensure scientific and technological development is the national policy;

2. Direct promulgation and organization of implementation of legislative documents, mechanism, policies and strategy for scientific and technological development, master plan for network of public scientific and technological organizations;

3. Assign, decentralize the implementation of state management on science and technology;

4. Direct activities of international integration on science and technology; develop human resources on science and technology;

5. Direct propagation, dissemination and education about laws on science and technology; inspect the implementation of laws on science and technology;

6. Direct inspection, investigation, handling of complaints, denunciations and violations of the law on science and technology;

Annually, the Government make reports to the National Assembly on the implementation of policies and measures for scientific and technological development, use of the State budget for scientific and technological development; results of scientific and technological activities.

Article 74. Responsibility of the Ministry of Science and Technology

The Ministry of Science and Technology shall be responsible to the Government for state administration on scientific and technological development across the country as follows:

1. Promulgate within competence or make submission to competent authorities for promulgation of legislative documents, mechanism, policies, strategy and plans for scientific and technological development, master plan for network of public scientific and technological organizations;

2. Construct and grant approval for guidelines, targets and tasks of science and technology on a one-year, five-year basis;

3. Unify management of science and technology tasks at all levels; instruct construction and organization of implementation of state-funded science and technology tasks at all levels, directly manage and organize implementation of science and technology tasks at national level; construct and organize implementation of the tasks of science and technology programs, projects approved by the Prime Minister;

4. Manage and use the state budget for scientific and technological development effectively; construct and propose mechanism and ratio of state budget spending for scientific and technological development as foundations for allocation of state budget estimates annually;

5. Assess the establishment of public scientific and technological organizations as decentralized by the Government; allow the establishment of foreign-invested scientific and technological organizations; register science and technology activities within competence.

6. Construct and manage national communications system, database on science and technology, scientific and technological statistical system and criteria with uniformity across the country; step up exploitation and use of patents; develop science and technology market;

7. Organize management of training in professional competence in the areas of science and technology;

8. Propagate, disseminate and organize instruction on the implementation of laws on science and technology;

9. International integration on science and technology;

10. Investigate, inspect or coordinate investigation, inspection of enforcement of the law on science and technology; handle complaints, denunciations, and violations of the law on science and technology within competence; make proposals for adjustments to allocation of budgets for the next period in reliance on inspection and use of state budget for scientific and technological development by agencies and organizations;

11. Implement other tasks authorized or assigned by the Government;

Article 75. Responsibility of ministries, ministerial-level agencies

1. The Ministry of Planning and Investment:

a) Establish and submit investment cost estimates for investment in scientific and technological development to the Government at the request of the Ministry of Science and Technology;

b) Cooperate with the Ministry of Science and Technology in granting approval for the project on investment and construction of material and technical bases for scientific and technological development; speed up inspection of sectors, levels to ensure purposeful and effective use of investment budgets for scientific and technological development;

2. The Ministry of Finance:

a) Establish and submit non-business expenditure estimates for scientific and technological development to the Government at the request of the Ministry of Science and Technology;

b) Balance and allocate budgets adequately and in a timely manner according to the approved budget estimates;

b) Cooperate with the Ministry of Science and Technology in speeding up inspection of sectors, levels to ensure purposeful and effective use of non-business expenditures for scientific and technological development;

3. The Ministry of Home Affairs:

a) Preside over and cooperate with the Ministry of Science and Technology in establishing policies on employment of human resources for scientific and technological development;

b) Preside over and cooperate with the Ministry of Science and Technology and relevant agencies in arranging personnel to public scientific and technological organizations;

4. Ministries, ministerial-level agencies:

a) Perform state administration on scientific and technological development and take responsibility for science and technology activities in the areas assigned; determine, organize implementation of science and technology tasks; effectively manage and use resources for scientific and technological development in the areas assigned;

b) Cooperate with the Ministry of Science and Technology in establishing and promulgating within competence legislative documents, mechanism, policies, strategy, plans and measures for scientific and technological development, technological innovation or make such submissions to competent agencies for promulgation; construct and manage database, statistical information system on science and technology;

c) Make reports on statistical information and figures about science and technology to the Ministry of Science and Technology;

d) Manage and use investment expenditures, non-business expenditures for scientific and technological development purposefully and effectively and in accordance with characteristics and progress of science and technology plan;

Article 76. Responsibility of People’s committees of provinces

People’s committees of provinces that perform state administration on scientific and technological development in localities as decentralized by the Government shall take following responsibilities:

1. Promulgate legislative documents, mechanism, policies, strategy and plans for scientific and technological development within competence or make such submissions to competent authorities for promulgation;

2. Ensure use of state budget for scientific and technological development and other social resources for application of science and technology in localities;

3. Receive, organize application and assessment of application of the findings from the implementation of science and technology tasks ordered after acceptance and make annual reports on results of application to the Ministry of Science and Technology;

4. Manage and use investment expenditures, non-business expenditures for scientific and technological development purposefully and effectively; ensure adequate, timely and appropriate allocation of budgets for implementation of targets and tasks of scientific and technological development in localities and across the country;

5. Construct and manage database, statistical information system on science and technology; make adequate and honest reports on statistical figures on science and technology to relevant competent state administration agencies;

6. Propagate, disseminate and organize instruction on the implementation of laws on science and technology;

7. Investigate, inspect or coordinate investigation, inspection of enforcement of the law on science and technology; handle complaints, denunciations, and violations of the law on science and technology within competence;