Chương 1 Nghị định 169/2007/NĐ-CP về việc huy động tiềm lực khoa học và công nghệ phục vụ công tác công an: Những quy định chung

Chapter 1

GENERAL PROVISIONS

Article 1. Governing scope

1. This Decree provides for the mobilization of scientific and technological resources for public security-related work.

2. The mobilization of scientific and technological resources for public security-related work in case of emergency state pronounced by the State is not governed by this Decree.

Article 2. Subjects of application

This Decree applies to Vietnamese agencies, organizations and citizens as well as foreign individuals and organizations and international organizations operating in the Vietnamese territory.

When treaties to which the Socialist Republic of Vietnam is a contracting party otherwise provide for, those treaties prevail.

Article 3. Mobilization objectives

1. To tap and make full use of scientific and technological resources with a view to raising the efficiency of the public security-related work; to actively prevent and fight crimes; to handle in time circumstances which may threaten national security and social order and safety.

2. To increase the scientific and technological resources of the public security force, contributing to building a revolutionary, regular, crack and incrementally modern public security force.

3. To efficiently use the state budget sources invested in scientific and technological activities.

Article 4. Mobilization principles

1. Scientific and technological resources of agencies, organizations and individuals can be considered for mobilization by the State in service of public security-related work with a view to maintaining national security and social order and safety

2. The mobilization must be decided by competent agencies or persons defined in Articles 13, 18, 19 and 21 of this Decree and strictly comply with the order and procedures prescribed in this Decree.

3. Mobilized scientific and technological resources must be used tor proper purposes, ensuring efficiency.

4. The State guarantees the lawful rights and interests of organizations and individuals whose scientific and technological resources are mobilized; compensates in lime and reasonably organizations and individuals for their mobilized scientific and technological resources.

5. Agencies, organizations and individuals whose scientific and technological resources are mobilized in service of public security-related work shall observe the legal provisions on protection of state secrets.

6. The State encourages and creates favorable conditions for domestic and foreign agencies, organizations and individuals to voluntarily provide assistance with, or contribute scientific and technological resources to the service of public security-related work in order to protect national security and maintain social order and safety.

Article 5. Mobilization modes

Scientific and technological resources shall be mobilized by the following modes:

1. Compulsion in case of urgency or threat to national security as well as social order and safety.

2. Agreement between agencies specialized in protection of national security, maintenance of social order and safety and agencies, organizations or individuals.

3. Voluntariness of agencies, organizations or individuals in assisting agencies specialized in protection of national security, maintenance of social order and safety.

Article 6. Mobilized objects

Scientific and technological resources to be mobilized under this Decree cover:

1. Material and technical foundations comprising machinery, technical equipment, information and communication systems.

2. Research or business organizations encased in scientific and technological activities.

3. Individuals involved in scientific and technological activities.

4. Scientific and technological achievements (scientific research and application results) relating to public security-related work.

Article 7. Mobilization priority order

1. Scientific and technological resources are mobilized in the following priority order:

a/ Scientific and technological resources managed by the State:

b/ Scientific and technological resources jointly managed by the State and domestic or foreign organizations or individuals (joint ventures, associations, etc.);

c/ Scientific and technological resources of domestic organizations or individuals not managed by the State;

d/ Scientific and technological resources of foreign organizations or individuals as well as international organizations operating in the territory of the Socialist Republic of Vietnam.

2. To prioritize the mobilization of scientific and technological resources voluntarily contributed by domestic and foreign organizations or individuals to the service of public security-related work.

Article 8. Transfer of mobilized objects

1. Organizations or individuals being owners or managers of mobilized objects shall transfer them to mobilizing agencies strictly under mobilization decisions of competent state agencies.

2. The transfer of mobilized objects must be made in writing.

3. The Minister of Public Security shall provide the order and procedures for transfer of mobilized objects.

Article 9. Return of mobilized objects

1. Mobilization-deciding agencies shall return mobilized objects to agencies, organizations or individuals that own or manage them. The return of mobilized objects is earned out upon:

a/ The issues of return decisions by agencies or persons competent to decide the application of mobilization measures;

b/ The conclusion of activities requiring the mobilization of scientific and technological resources;

c/ The expiration of the mobilization duration without decisions to prolong the mobilization duration issued by competent state agencies.

2. The return of mobilized objects must be made in writing.

3. The Minister of Public Security shall provide the order and procedures for reairn of mobilized objects.

Article 10. Budget for the mobilization of scientific and technological resources in service of public security-related work

1. The state budget included in the annual budget estimates of the Ministry of Public Security covers:

- Expenditures for scientific and technological non-business activities;

- Regular expenditures on security activities.

2. Other lawful funding sources prescribed by law.

3. When necessary, the Prime Minister shall decide to add budget for the mobilization. The budget addition complies with the provisions of the Stale Budget Law.

4. The Ministry of Finance shall assume the prime responsibility for, and coordinate with the Ministry of Public Security in, providing detailed guidance on the management, use, settlement and final settlement of funding for the mobilization specified in Clauses 1, 2 and 3 of this Article.

Article 11. Prohibited acts

1. Mobilizing scientific and technological resources ultra vires and incompliant with the order and procedures specified in this Decree.

2. Taking advantage of the mobilization of scientific and technological resources to infringe upon the lawful rights and interests of organizations or individuals.

3. Hiding, dispersing, appropriating or destroying scientific and technological resources to be mobilized under decisions issued by competent state agencies.

4. Shirking, failing to abide by or improperly abiding by mobilization decisions of competent state agencies.

5. Disclosing state secrets, secrets of organizations or individuals in the mobilization of scientific and technological resources in service of public security-related work.

6. Other violation acts prescribed by law.