Nghị định 11/2014/NĐ-CP về hoạt động thông tin khoa học và công nghệ

DECREE

ON SCIENCE AND TECHNOLOGY INFORMATION ACTIVITIES (*)

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

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

At the proposal of the Minister of Science and Technology,

The Government promulgates the Decree on science and technology information activities.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree provides science and technology information activities, covering contents of these activities, national science and technology information infrastructure and database, and measures to ensure development and organization and state management of science and technology information activities.

Article 2. Subjects of application

This Decree applies to organizations and individuals engaged in science and technology information activities in Vietnam and related state agencies, organizations and individuals.

Article 3. Interpretation of terms

In this Decree, the terms and phrases below are construed as follows:

1. “Science and technology information” means data, facts, statistics and news created from science and technology, renovation and creation activities.

2. “Science and technology information sources” means science and technology information presented in the form of science books, newspapers or journals; summary records of scientific symposiums and seminars; descriptions of science and technology tasks, and reports on performance and application of the outcomes of these tasks; intellectual property documents, standards and technical regulations; industrial catalogs; scientific theses; design or technical documents; databases; websites; statistical science and technology documents; or multimedia documents or documents on other information carriers.

3. “Science and technology information activities” means science and technology service activities, including activities related to the collection, processing, analysis, storage, search, popularization, use, sharing and transfer of science and technology information and other related activities.

4. “Organization with the science and technology information function” means an organization which carries out science and technology information activities; forms, develops, operates and exploits science and technology information infrastructure and database.

5. “National science and technology database” means a collection of information on the potential and results of national science and technology information activities, which is formed, maintained and developed in order to provide fully, accurately and promptly data and information on science and technology.

Article 4. Principles of science and technology information activities

Science and technology information activities must adhere to the following principles:

1. Accuracy, objectivity, completeness, timeliness, and satisfaction of organizations’ and individuals’ demands for quality and volume of science and technology information products and services.

2. Effectiveness in the exploitation, use and management of science and technology information for state management, socio-economic development, assurance of security and national defense and international integration of the country.

3. Guarantee of organizations’ and individuals’ right to access science and technology information in accordance with law.

4. Observance of the law on science and technology information security.

5. Close combination of science and technology information activities with library, archival, statistical and communication operations of science and technology.

Chapter II

CONTENTS OF SCIENCE AND TECHNOLOGY INFORMATION ACTIVITIES

Article 5. Types of science and technology information activities

Types of science and technology information activities include:

1. Collecting, updating and processing data, statistics, facts and information in order to create and develop science and technology information sources.

2. Studying, analyzing and synthesizing science and technology information for forecast and policy making, leadership, management, scientific research and technological development, production and business and other socio-economic activities.

3. Developing information infrastructure and forming databases, websites and web portals on science and technology; establishing and operating science and technology information networks; applying information and communication technologies and advanced technical devices in science and technology information activities; forming electronic and digital libraries.

4. Searching, looking up, indicating, exploiting and using science and technology information.

5. Providing, exchanging and sharing science and technology information sources.

6. Disseminating science and technology information and knowledge.

7. Other related activities.

Article 6. Collection of information on ongoing science and technology tasks

1. For state budget-funded science and technology tasks at all levels, within 30 working days after signing contracts to perform these tasks, agencies competent to sign task performance contracts at all levels shall process information according to Clause 2 of this Article and send it to:

a/ The national focal point for science and technology information, which is the national science and technology information agency under the Ministry of Science and Technology, for updating information on special and national science and technology tasks and summarizing information on science and technology information tasks of ministries, sectors and localities;

b/ Organizations acting as focal points for science and technology information of ministries, ministerial-level agencies, government-attached agencies and other central state agencies (below referred to as ministerial-level focal points for science and technology information) for updating information on ministerial- and grassroots-level science and technology tasks under their management;

c/ Organizations acting as focal points for science and technology information of specialized science and technology agencies under provincial-level People’s Committees (below referred to as provincial-level focal points for science and technology information) for updating information on provincial- and grassroots-level science and technology tasks under their management.

2. Contents of information processing include: Name of the task; information on persons and organizations responsible for and participating in the task; principal objectives and contents of research; field of scientific research and technological development; socioeconomic objectives of the task; methods of research and implementation; expected outcomes; implementation time; address of application; approved funds for implementation and other contents as required.

3. For science and technology tasks not funded by the state budget, it is encouraged to provide information thereon for the organizations specified in Clause 1 of this Article.

4. The organizations specified in Clause 1 of this Article shall receive and input information to the national science and technology database, and summarize and publish on their websites or web portals science and technology tasks at all levels for which contracts have been signed.

Article 7. Registration and storage of outcomes of state budget-funded science and technology tasks

1. Within 30 working days after a state budget-funded science and technology task officially receives pre-acceptance test, its outcomes must be registered with and stored at an agency competent to register and store outcomes of science and technology tasks specified in Clause 3 of this Article.

2. The outcomes of a science and technology task to be registered and stored include:

a/ A general report on the task performance result (paper and electronic copies);

b/ A brief report on the task performance result (electronic copy);

c/ An annex on survey statistics (if any, electronic copy);

d/ Maps; drawings, photos; multimedia documents (if any, electronic copy);

dd/ Software (if any).

3. Organizations and persons taking charge of science and technology tasks shall have outcomes of these tasks registered with and stored at the following competent agencies:

a/ The national focal point for science and technology information, which is competent to register outcomes of special and national- and ministerial-level science and technology tasks; and to store outcomes of special and national-, ministerial-, provincial- and grassroots-level science and technology tasks;

b/ Ministerial-level focal points for science and technology information, which are competent to register outcomes of grassroots-level science and technology tasks; and to store outcomes of ministerial- and grassroots-level science and technology tasks under their management;

c/ Provincial-level focal points for science and technology information, which are competent to register and store outcomes of provincial- and grassroots-level science and technology tasks under their management;

d/ After being registered with competent agencies specified at Points b and c of this Clause, outcomes of science and technology tasks must be concurrently stored at the national focal point for science and technology information and ministerial- and provincial-level focal points for science and technology information.

4. Within 5 working days after receiving a complete and valid dossier, a competent agency specified in Clause 3 of this Article shall grant a registration certificate of science and technology task outcomes. This certificate serves as a basis for certification of the fulfillment of the science and technology task of an organization or individual.

5. Outcomes of scientific research and technological development purchased with state budget funds must be registered with and stored at competent agencies specified in Clause 3 of this Article according to the decentralization mechanism as for ordered science and technology tasks.

6. The organizations specified in Clause 3 of this Article shall summarize and update information on outcomes of science and technology tasks in the national science and technology database and publish it on their websites or web portals.

7. The dossier, order and procedures for grant of registration certificates of science and technology task outcomes must comply with regulations of the Ministry of Science and Technology.

Article 8. Registration and storage of outcomes of science and technology tasks not funded by the state budget

1. Outcomes of science and technology tasks not funded by the state budget are encouraged to be registered with and stored at competent agencies specified in Clause 3, Article 7 of this Decree after outcome appraisal documents are issued by competent state management agencies of science and technology.

2. The outcomes of science and technology tasks specified in Clause 1 of this Article may be granted registration certificates of science and technology task outcomes and input to the national science and technology database.

Article 9. Collection, processing and announcement of information on application of outcomes of science and technology tasks

1. Ministries, ministerial-level agencies, government-attached agencies, other central state agencies and provincial-level People’s Committees shall annually send reports on application of outcomes of science and technology tasks ordered at their proposal or by them to the Ministry of Science and Technology via the organizations specified in Clause 3 of this Article.

2. Contents of a report on application of outcomes of a science and technology task include: Name of the task; information on persons and organizations in charge of the task; field of science and technology; field of application; address of application; scale of application; intellectual property document; socio-economic effects and environmental impacts; mode of outcome transfer, level and possibility of commercialization.

3. Reports on application of outcomes of state budget-funded science and technology tasks shall be sent to the following organizations:

a/ The national focal point for science and technology information, which will receive reports on application of outcomes of special and national-level science and technology tasks; and summarize the application of outcomes of science and technology tasks of ministries, sectors and localities;

b/ Ministerial-level focal points for science and technology information, which will receive reports on application of outcomes of ministerial- and grassroots-level science and technology tasks under their management;

c/ Provincial-level focal points for science and technology information, which will receive reports on application of outcomes of provincial- and grassroots-level science and technology tasks under their management.

4. Reports on application of outcomes of science and technology tasks not funded by the state budget are encouraged to be sent to focal points for science and technology information at all levels as specified in Clause 3 of this Article.

5. After receiving reports on application of outcomes of science and technology tasks, focal points for science and technology information shall input them to the national science and technology database and summarize and publish them on their websites or web portals.

Article 10. Collection of science and technology announcements

1. Periodical science journals and reviews and summary records of scientific seminars which are domestically published may register for grant of international standard serial number (ISSN) for periodical publication with the national focal point for science and technology information.

2. After being deposited at Vietnam National Library, information on science and technology announcements provided in Clause 1 of this Article and doctoral theses shall be input to the national science and technology database by the national focal point for science and technology information.

Summary records of national and international scientific symposiums and seminars funded by the state budget must be deposited at the national focal point for science and technology information and ministerial- and provincial-level focal points for science and technology information. Summary records of scientific symposiums and seminars not funded by the state budget are encouraged to be deposited at the above organizations.

3. International science and technology announcements shall be selected, supplemented, updated and shared in order to meet information demands in leadership, administration, scientific research and technological development, education and training, production and business and other socio-economic activities.

Article 11. Use of information on science and technology tasks

1. State management agencies of science and technology at all levels shall, based on information on science and technology tasks in the national science and technology database, determine, select and directly assign state budget-funded science and technology tasks to organizations and individuals for performance, outcome evaluation and violation handling.

2. Reference of information on science and technology tasks is one of the documents in dossiers for determination, selection and direct assignment of state budget-funded science and technology tasks to organizations and individuals for performance, result evaluation and violation handling in the performance of science and technology tasks.

3. The use of information on science and technology tasks for policy making, leadership, administration, scientific research and technological development, education and training, production and business and meeting of demands of organizations and individuals must comply with law.

Article 12. Science and technology information services

1. Science and technology information service means a type of science and technology service provided by organizations or individuals engaged in science and technology information activities in the following forms:

a/ Providing analyzed and summarized information and documents for forecast, policy making, leadership and state administration;

b/ Providing directory information on science and technology tasks, intellectual property documents, science and technology announcements in journals and summary records of scientific symposiums and seminars;

c/ Providing lists of science and technology organizations and enterprises and scientific researchers and technology developers;

d/ Providing statistical information on science and technology;

dd/ Providing detailed information on science and technology tasks, intellectual property documents, science and technology announcements in journals and summary records of scientific symposiums and seminars;

e/ Providing detailed information on science and technology organizations and enterprises and scientific researchers and technology developers;

g/ Providing private telecommunications network service, providing support service for applications on advanced networks in the field of scientific research and technological development;

h/ Looking up, providing, exchanging and sharing science and technology information;

i/ Providing consultancy and developing science and technology databases, websites and web portals; forming electronic and digital libraries; digitalizing documents; developing multimedia documents on science and technology;

k/ Organizing science and technology symposiums, seminars and exhibitions and technology and equipment fairs; communicating and popularizing science and technology information;

l/ Guiding and training in professional operations related to science and technology information activities;

m/ Other forms of related science and technology information services.

2. The science and technology information services specified at Points a, b and c, Clause 1 of this Article shall be provided free by organizations with the science and technology information function.

3. Charged science and technology information services shall be provided at the request of organizations and individuals under service contracts.

Chapter III

INFORMATION INFRASTRUCTURE, NATIONAL SCIENCE AND TECHNOLOGY DATABASE, MEASURES TO ENSURE SCIENCE AND TECHNOLOGY INFORMATION DEVELOPMENT

Article 13. National science and technology information infrastructure

The national science and technology information infrastructure includes:

1. The national science and technology database; databases on science and technology information and statistics; data centers, websites and web portals; domestic and international electronic science and technology information sources.

2. System of technical equipment for processing, transmission and storage of science and technology information; regionally and internationally linked science and technology information networks, including the national research and training information network and science and technology information networks of ministries, sectors and localities.

Article 14. National science and technology database

The national science and technology database includes:

1. Information on science and technology organizations.

2. Information on scientific researchers and technology developers.

3. Information on science and technology tasks (under performance, performance outcomes and application results).

4. Information on intellectual property documents, science and technology announcements and indicators of excerpts in journals and summary records of domestic and international science conferences and seminars.

5. Information on technology, high technology and technology transfer.

6. Information on science and technology statistics.

7. Information on science and technology enterprises.

8. Information on science and technology in the region and the world.

9. Other relevant information.

Article 15. Investment, formation, maintenance and development of the national science and technology database

1. The national science and technology database shall be formed in a centralized and uniform manner from central to local levels in conformity with standards and technical regulations, ensuring compatibility, uninterruptibility and safety throughout the course of information sharing and exchange.

2. The Ministry of Science and Technology shall assume the prime responsibility for, and coordinate with ministries, sectors and localities in, investing in, forming, maintaining and developing the national science and technology database.

3. Ministries, ministerial-level agencies, government-attached agencies and provincial- level People’s Committees shall coordinate with the Ministry of Science and Technology in forming, managing and using the national science and technology database within their management.

4. Funds for the formation, maintenance and development of the national science and technology database shall be ensured by the state budget. Domestic and international organizations and individuals are encouraged to cooperate in and finance the formation and development of the national science and technology database.

Article 16. Exploitation and use of the national science and technology database

1. Forms of exploitation and use of the national science and technology database include:

a/ Online exploitation through websites or web portals of the agency managing the national science and technology database and ministerial- and provincial-level focal points for science and technology information; through the national research and training information network;

b/ Through written requests;

c/ Through contracts between the agency managing the national science and technology database and parties exploiting and using science and technology data in accordance with law;

2. Subjects and scope of exploitation and use:

a/ Agencies participating in the formation, maintenance and updating of the national science and technology database may exploit data meeting their administration, research, training and production and business demands;

b/ State agencies, political organizations and socio-political organizations may request the provision of related science and technology information to serve state management work, meet socio-economic development requirements and maintain national defense and security and international integration;

c/ Other agencies, organizations and individuals may request the provision of science and technology information for research, training, production and business.

2. The Ministry of Science and Technology shall promulgate regulations on formation, management, exploitation, use, maintenance and development of the national science and technology database.

Article 17. Maintenance and development of the national research and training information network

1. The national research and training information network is a non-profit private telecommunications network connecting the domestic research and training community and connecting this community with regional and international research and training communities. The national research and training information network must prioritize connections of areas where are concentrated scientific research and technological development institutions and tertiary education institutions.

2. Members of the national research and training information network are scientific research and technological development institutions, tertiary education institutions, national key laboratories, central- and provincial-level hospitals, organizations with the science and technology information function and other organizations.

3. Funds for the maintenance, upgrading and development of the national research and training information network and centers operating national networks and national arterial networks and linking international networks shall be ensured from the state budget for science and technology. The State encourages domestic and international organizations and individuals to cooperate in and finance the formation and development of the national research and training information network.

4. Ministries, sectors and localities shall invest in, and support their attached science and technology organizations in connecting with, the national research and training information network.

5. The agency managing the national research and training information network shall support and promote research, training and application of advanced networks in science and technology and socio-economic fields.

6. Member organizations of the national research and training information network shall invest in necessary equipment and technology and fulfill financial obligations to connect with, maintain, develop and effectively exploit the national research and training information network.

7. The Ministry of Science and Technology shall promulgate regulations on formation, management, exploitation, use, maintenance and development of the national research and training information network.

Article 18. Orientations for development of science and technology information sources funded by the state budget

1. Orientations for development of science and technology information sources shall be worked out in line with the national strategy for science and technology and national scientific research and technological development requirements. The Ministry of Science and Technology shall work out national orientations for development of science and technology information sources.

2. The development of science and technology information sources of ministries, sectors and localities funded with the state budget must conform with national orientations for development of science and technology information sources and meet scientific research and technological development requirements of ministries, sectors and localities.

3. Ministries, ministerial-level agencies, government-attached agencies and provincial- level People’s Committees using state budget funds to develop science and technology information sources shall annually report to the Ministry of Science and Technology on lists, expenses for purchase, use and effectiveness of exploitation of science and technology information sources.

Article 19. Coordination in development, updating and sharing of domestic and international science and technology information sources

1. The Ministry of Science and Technology shall act as the focal point for developing, updating and sharing science and technology information sources funded by the state budget.

2. The national focal point for science and technology information shall act as the focal point for maintaining and developing the union of Vietnamese libraries for science and technology information sources in order to regulate and coordinate in supplementing, updating and sharing science and technology information sources among information and library organizations nationwide; and online exchange and promote Vietnamese science and technology journals.

Article 20. Funds for science and technology information activities

1. Funding sources for science and technology information activities include:

a/ State budget (central and local budgets) balanced and allocated in annual budget estimates of ministries, sectors and localities in accordance with the Law on the State Budget;

b/ Revenues from science and technology information services;

c/ Funding from domestic and overseas organizations and individuals.

2. The budget for science and technology information activities shall be recorded in the state budget revenue index as a separate annual spending item for science and technology of ministries, sectors and localities. The allocation of science and technology budget funds for science and technology information activities shall be based on the budget capacity and actual demands and gradually increased according to the development demand of science and technology information activities.

3. Revenues from science and technology information service activities shall be used to offset expenses, make re-investment and improve physical foundations and working conditions.

Article 21. Contents of state budget spending for science and technology information activities

1. Spending for development of science and technology information activities according to the following contents:

a/ Formation and development of information infrastructure and the national science and technology database;

b/ Technical and physical foundations of organizations with the science and technology information function.

2. Non-business spending for science and technology information activities according to the following contents:

a/ Regular spending and spending for regular tasks according to the functions of public organizations with the science and technology information function;

b/ Creation, development, updating and purchase of science and technology information sources; expenses for joining the union of Vietnamese libraries for science and technology information sources; purchase of application software in science and technology information activities;

c/ Processing, analysis and summarization of science and technology information; formation, updating and exploitation of science and technology databases; maintenance and development of science and technology information networks and science and technology websites and web portals;

d/ Provision of science and technology information serving the Party’s leadership and the State’s administration work;

dd/ Popularization of science and technology information and knowledge serving socioeconomic development; publishing of science and technology information publications;

e/ Organization of library activities, symposiums, seminars, exhibitions, fairs and markets of technology and equipment and information technology transactions;

g/ Guidance on and training in science and technology information operations;

h/ International cooperation and integration in science and technology information; connection with networks and participation in regional and international organizations in the field of science and technology information;

i/ Other related contents of science and technology information activities as prescribed by law.

Chapter IV

ORGANIZATIONS AND INDIVIDUALS ENGAGED IN AND EXPLOITING SCIENCE AND TECHNOLOGY INFORMATION

Article 22. Organizations with the science and technology information function

1. Organizations with the science and technology information function include:

a/ The national focal point for science and technology information;

b/ Ministerial-level focal points for science and technology information;

c/ Provincial-level focal points for science and technology information;

d/ Other public organizations with the science and technology information function;

dd/ Organizations with the science and technology information function established by non-state organizations or enterprises or other organizations.

2. The establishment, re-organization and dissolution of organizations with the science and technology information function must comply with law.

Article 23. Rights of organizations with the science and technology information function

1. To carry out science and technology information activities specified in Articles 5 and 12 of this Decree.

2. To hire domestic and foreign specialists and collaborators to collect and process science and technology information.

3. To provide training in science and technology information operations.

4. To use funds and donations of domestic and foreign organizations and individuals to carry out science and technology information activities in accordance with law.

5. To collect charges and use revenues from science and technology information services in accordance with law.

6. Other rights prescribed by law.

Article 24. Obligations of organizations with the science and technology information function

1. To protect secret information of the State and organizations and individuals exploiting and using science and technology information services in accordance with law.

2. To ensure the rights and legitimate interests of organizations and individuals in the access to science and technology information; to ensure quality of science and technology information services.

3. Not to violate Article 8 of the Law on Science and Technology.

4. To apply information and communication technologies to science and technology information activities.

5. To ensure democracy, equality and publicity in the arrangement and performance of state budget-funded science and technology tasks.

6. To publish on websites or web portals lists and summary contents of state budget- funded science and technology information sources.

7. To perform tasks assigned by competent agencies and organizations and other obligations prescribed by law.

Article 25. The national focal point for science and technology information

1. The national focal point for science and technology information is an organization serving state management and scientific research and technological development, which acts as the focal point for linking the network of organizations with the science and technology information function nationwide.

2. The national focal point for science and technology information shall carry out the activities specified in Articles 5 and 12 of this Decree; assume the prime responsibility for forming, maintaining and developing information infrastructure and the national science and technology database; organize the registration and storage of outcomes of science and technology tasks; collect, process, update and summarize information on ongoing science and technology tasks, application of outcomes of science and technology task performance; and assume the prime responsibility for supplementing and updating essential science and technology information sources to meet the national demand for science and technology development.

Article 26. Ministerial-level focal points for science and technology information

1. Based on specific conditions, ministries, ministerial-level agencies, government- attached agencies and other central agencies shall assume the prime responsibility for organizing current science and technology information activities or assign another relevant organization to act as the focal point for science and technology information.

2. A ministerial-level focal point for science and technology information is an organization serving state management and scientific research and technological development, which shall carry out the activities specified in Articles 5 and 12 of this Decree; register and store outcomes of science and technology tasks, collect, process and update information on ongoing science and technology tasks, results of application of outcomes of science and technology tasks under its management; collect, create, process, analyze, store and provide science and technology information; participate in the formation and exploitation of information infrastructure and the national science and technology database; form and update science and technology databases; and participate in the union of Vietnamese libraries for science and technology information sources.

Article 27. Provincial-level focal points for science and technology information

1. A provincial-level focal point for science and technology information is a public non-business unit under the specialized science and technology agency of the provincial-level People’s Committee, which shall perform the science and technology information function to serve state management and scientific research and technological development and carry out the activities specified in Articles 5 and 12 of this Decree.

2. Provincial-level focal points for science and technology information have the following main tasks:

a/ Processing, analyzing, summarizing and providing science and technology information, science and technology information and statistics serving leadership and state administration of localities; publishing and providing science and technology publications;

b/ Popularizing science and technology information, statistical information on science and technology of localities; coordinating with the mass media in disseminating science knowledge to all stakeholders; providing science and technology information to serve agricultural development, farmers and rural areas;

c/ Organizing and developing local science and technology information sources; participating in the formation and exploitation of information infrastructure and the national science and technology database; forming and updating local science and technology databases and science and technology statistical databases; organizing and developing local library, electronic library and digital library work and science and technology information networks, participating in the union of Vietnamese libraries for science and technology information sources;

d/ Registering and storing outcomes of science and technology tasks, collecting, processing and updating information on ongoing science and technology tasks, results of application of outcomes of science and technology tasks within their localities to the national science and technology database;

dd/ Providing information for -determination, selection, performance, evaluation and pre-acceptance inspection of science and technology tasks and other tasks;

e/ Performing statistical work of science and technology information;

g/ Making information technology transactions, organizing and participating in local, national and international technology and equipment fairs and technology exchanges;

h/ Providing products and services for research, training, production and business and socio-economic development in the fields of information, library, information technology and science and technology statistics and other fields in accordance with law.

Article 28. Other organizations with the science and technology information function

1. Other organizations with the science and technology information function include:

a/ Public non-business units providing science and technology information services of general departments, departments, specialized agencies of provincial-level People’s Committees, public scientific research and technological development institutions, public tertiary education institutions, public non-business unit and state enterprises;

b/ Public non-business units providing science and technology information services of other agencies and organizations.

2. Organizations with the science and technology information function specified in Clause 1 of this Article have the following major tasks and powers:

a/ To identify information needs; to form and develop science and technology information sources at the request of managing agencies or organizations; to participate in the union of Vietnamese libraries for science and technology information sources;

b/ To formulate programs and plans to develop science and technology information activities of managing agencies or organizations;

c/ To provide information for leadership and management work and production and business activities of managing agencies or organizations; to publish science and technology publications;

d/ To form and develop science and technology libraries, electronic libraries, digital libraries, websites and web portals of managing agencies or organizations; to connect domestic and international information networks;

dd/ To organize science and technology information services and other science and technology services in accordance with law;

e/ To organize professional training, guidance and retraining for information workers and information users.

Article 29. Individuals engaged in science and technology information activities

Individuals engaged in-science and technology information activities include cadres, civil servants, public employees and workers carrying out science and technology information activities and providing science and technology information services to serve state management, scientific research and technological development and other related activities.

Article 30. Rights of individuals engaged in science and technology information activities

1. To have the rights specified in Article 20 of the Law on Science and Technology.

2. To carry out the science and technology information activities specified in Article 5, at Points a, h, i, k, l, and m and related provisions of Clause 1, Article 12, and in Clauses 2, 3, 4 and 5, Article 23 of this Decree.

3. To have other rights prescribed by law.

Article 31. Obligations of individuals engaged in science and technology information activities

1. To have the obligations specified in Article 21 of the Law on Science and Technology.

2. To have the obligations specified in Clauses 1, 2, 3 and 4, Article 24 of this Decree.

3. To perform the tasks assigned by competent agencies and organizations and other obligations prescribed by law.

Article 32. Rights and obligations of organizations and individuals exploiting science and technology information

1. To request provision of science and technology information to serve their lawful demands.

2. To access science and technology information created with the state budget in accordance with law.

3. Not to violate Article 8 of the Law on Science and Technology.

4. To perform science and technology information service contracts according to Clause 3, Article 12 of this Decree.

Chapter V

STATE MANAGEMENT OF SCIENCE AND TECHNOLOGY INFORMATION ACTIVITIES

Article 33. Contents of state management of science and technology information activities

1. To elaborate, promulgate and organize the implementation of legal documents on science and technology information activities.

2. To formulate and direct the implementation of strategies, master plans, plans and policies on development of science and technology information activities.

3. To elaborate, promulgate and prescribe the application of standards and technical regulations and techno-economic norms in the field of science and technology information.

4. To formulate plans on investment in development, maintenance and operation of information infrastructure of and the national database on science and technology information.

5. To manage the communication of science and technology tasks, to register and store the outcomes, and provide information on the application, of these tasks.

6. To organize and manage information transactions of technologies and devices.

7. To organize international cooperation and integration in science and technology information.

8. To manage human resource training, re-training and development; to study and apply science and technology in the field of science and technology information. To inspect, examine and settle complaints and denunciations and handle law violations in the field of science and technology information.

Article 34. Responsibilities of the Ministry of Science and Technology

1. The Ministry of Science and Technology shall assist the Government in performing the uniform state management of science and technology information activities nationwide.

2. The Ministry of Science and Technology has the following tasks and powers:

a/ To promulgate according to its competence or submit to the competent authorities for promulgation and organize the implementation of legal documents related to science and technology information activities, to build, operate and develop information infrastructure of and the national database on science and technology;

b/ To promulgate according to its competence or submit to the competent authorities for promulgation and organize the implementation of strategies, policies, master plans, and plans on development and modernization of science and technology information activities, to build, operate and develop information infrastructure and the national science and technology database;

c/ To promulgate, guide and examine the implementation of technical processes and regulations, and techno-economic standards and norms applicable to science and technology information activities, to build, operate and develop information infrastructure and the national science and technology database;

d/ To assume the prime responsibility for coordination in adding, updating and sharing science and technology information sources nationwide, which are purchased with state budget funds; to assume the prime responsibility for, and coordinate with ministries, sectors and localities in, assessing the effectiveness of science and technology information activities and state budget investment in these activities;

dd/ To assume the prime responsibility for the formation, maintenance, development and operation of information infrastructure and the national science and technology database; to develop technical foundations for ministries, sectors and localities to collect, process and integrate such data and information into the national science and technology database according to the uniform sequence and operations;

e/ To direct the organization and management of the communication of science and technology tasks, to register and store the outcomes, and provide information on the results of application, of these tasks;

g/ To organize and manage information transactions on technologies and devices;

h/ To direct the application of advanced technologies in science and technology information activities; to maintain and develop the national research and training information network and the national science and technology information portal;

i/ To direct, manage and organize scientific research and technological development activities in science and technology information activities, to build and operate information infrastructure and the national science and technology database;

k/ To direct, manage and organize the training and re-training to improve professional qualifications and skills of cadres, civil servants and public employees engaged in science and technology information activities;

l/ To direct, manage and organize international cooperation activities of science and technology information, information infrastructure and the national science and technology database in accordance with law;

m/ To inspect and handle law violations in science and technology information activities, and build and operate information infrastructure and the national science and technology database in accordance with law;

n/ To organize the publishing of Vietnam’s annual official state publication and other publications on science and technology; to publicize the list, outcomes, and results of application of domestic science and technology tasks.

Article 35. Responsibilities of ministries, ministerial-level agencies and government- attached agencies

1. Ministries, ministerial-level agencies and government-attached agencies shall perform the state management of science and technology information activities within the scope of their management and have the following responsibilities:

a/ To perform the state management of, and take responsibility for, science and technology information activities in the assigned sectors and fields; to form, maintain and develop ministerial-level focal points for science and technology information as prescribed in Article 26 of this Decree;

b/ To coordinate with the Ministry of Science and Technology in directing the updating, sharing and integration of data on science and technology activities and potentials of ministries and sectors into the national science and technology database; to maintain, develop and operate science and technology information infrastructure in service of science and technology activities of ministries and sectors; to invest in, support and maintain the connection between their science and technology organizations and the national research and training information network;

c/ To direct the development of information sources under their management in line with the national orientations for development of science and technology information sources;

d/ To direct the formation and management of science and technology databases, information and statistics;

dd/ To manage and use funds for science and technology information activities, to form and develop information infrastructure and science and technology database under their management properly, effectively and in conformity with the characteristics and progresses of plans on science and technology information activities.

2. Ministries and sectors shall invest in the formation and modernization of information infrastructure, science and technology databases, technical and physical foundations for public organizations with the science and technology information function.

3. The Ministry of Finance shall assume the prime responsibility for, and coordinate with the Ministry of Science and Technology, ministries, sectors and provincial-level People’s Committees in, balancing budgets for science and technology information activities.

Article 36. Responsibilities of provincial-level People’s Committees

Provincial-level People’s Committees shall perform the state management of science and technology information activities in their localities and have the following responsibilities:

1. To promulgate according to their competence and organize the implementation of legal documents, mechanisms, policies and plans on development of science and technology information activities; to form, maintain and develop provincial-level focal points for science and technology information under provincial-level Science and Technology Departments as specified in Article 27 of this Decree, ensuring necessary conditions for implementing science and technology information activities.

2. To direct the communication, registration and storage of outcomes and results of application of science and technology tasks under Chapter II of this Decree.

3. To manage and use funds for science and technology information activities properly and efficiently; to ensure full, prompt and appropriate provision of funds in conformity with the characteristics and progresses of plans on science and technology information activities in order to achieve local and national objectives and tasks of science and technology development.

4. To direct the updating, sharing and connection of data on local science and technology activities and potentials with the national science and technology database; to maintain, develop and operate science and technology information infrastructure in service of local science and technology information activities.

5. To invest in the building and modernization of information infrastructure and technical and physical foundations for provincial-level organizations with the science and technology information function; to ensure funds for the formation, maintenance and development of science and technology databases, information and statistics.

6. To inspect, examine or coordinate in inspection and examination of the observance of the law on science and technology information activities, to form and operate the database thereof; to settle complaints and denunciation and handle violations of the law on science and technology according to their competence.

Chapter VI

IMPLEMENTATION PROVISIONS

Article 37. Effect

This Decree takes effect on April 15, 2014.

The Government’s Decree No. 159/2004/ND-CP of August 31, 2004, on science and technology information activities ceases to be effective on the effective date of this Decree.

Article 38. Implementation responsibilities

1. The Ministry of Science and Technology shall guide the implementation of this Decree.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairperson of provincial-level People’s Committees and related organizations and individuals shall implement this Decree.-