Chương 2 Nghị định 169/2007/NĐ-CP về việc huy động tiềm lực khoa học và công nghệ phục vụ công tác công an: Nội dung, trình tự, thủ tục huy động

Chapter 2

MOBILIZATION CONTENTS, ORDER AND PROCEDURES

Article 12. Formulation of mobilization plans

1. The mobilization of scientific and technological resources in service of public security-related work must be carried out under the mobilization plans approved by competent bodies, except the mobilization provided in Article 21 of this Decree.

2. A plan on mobilization of scientific and technological resources is formulated based on:

a/ Socio-economic development strategies, plans or programs;

b/ The requirements of increasing scientific and technological resources for the public security force.

3. Plans on mobilization of scientific and technological resources are special ones, which arc included in general plans on science and technology and formulated annually and every five years. Mobilization plans must have central points, key points, focussing on high technologies in order to enhance the scientific and technological resources of the public security force, ensuring national security and social order and safety.

4. In case of urgency, mobilization plans will be separately formulated and added.

5. A plan on mobilization of scientific and technological resources must cover the following principal contents:

a/ Mobilized objectives and tasks;

b/ Mobilization objects;

c/ Mobilization mode;

d/ Mobilization fund;

e/ Competence to decide on mobilization of each type of mobilized objects;

f/ Responsibility to organize the implementation of the mobilization plans.

6. The Ministry of Public Security shall assume the prime responsibility for, and coordinate with the Ministry of Science and Technology other ministries, ministerial-level agencies, provincial-level Peoples Committees in, formulating five-year and annual mobilization plans and submit them to the Prime Minister for approval.

Article 13. Mobilization decisions

1. Based on mobilization plans already approved by the Prime Minister, the Minister of Public Security shall issue mobilization decisions.

2. A mobilization decision covers the following contents:

a/ The mobilized objects;

b/ The mobilization modes;

c/ The mobilization duration and mobilization terminating time;

d/ The place and time for execution of mobilization decisions;

e/ Rights and obligations of organizations and individuals possessing or managing the mobilized objects.

3. Mobilization decisions must be addressed to organizations or individuals possessing or managing the mobilized objects.

Article 14. Responsibilities to implement mobilization plans

1. The Ministry of Public Security shall assume the prime responsibility for, and coordinate with ministries, ministerial-level agencies and provincial-level Peoples Committees in, organizing the implementation of mobilization plans approved by the Prime Minister.

2. Ministries, ministerial-level agencies and provincial-level Peoples Committees shall, within the ambit of their tasks and powers, implement the mobilization plans approved by the Prime Minister.

3. Organizations and individuals subject to mobilization shall strictly and fully implement the plans on mobilization of scientific and technological resources in service of public security-related work under mobilization decisions of competent state bodies.

Article 15. Supply of information on scientific and technological resources

Ministries, ministerial-level agencies and provincial-level Peoples Committees shall supply the Ministry of Public Security with information on scientific and technological resources related to national security and social order and safety at the request of the Ministry of Public Security and bear responsibility for the supplied information.

Article 16. Mobilization of scientific and technological achievements

1. The State adopts policies to encourage domestic and foreign organizations and individuals to transfer advanced technologies and scientific and technological achievements for enhancement of scientific and technological resources of the public security force.

2. Based on annual and five-year mobilization plans already approved by the Prime Minister, the Ministry of Public Security shall coordinate with relevant ministries, branches and agencies in organizing the implementation thereof. Technologies and scientific and technological research achievements shall be mobilized in the following forms:

a/ Purchase, receipt of transfer of technologies as well as scientific research and technological development results and achievements under the Law on Technology Transfer, the Law on Intellectual Property and relevant laws.

b/ Compulsory purchase of technologies, scientific research and technological development results and achievements if they are of particularly importance for the maintenance of national security and social order and safety. The compulsory purchase shall comply with the provisions of law on compulsory purchase.

3. Agencies being transferred with, or performing the mobilization of technologies or scientific and technological results and achievements shall keep confidential mobilized technologies and secret information related to mobilized scientific and technological results and achievements.

Article 17. Enhancement of scientific and technological personnel in service of public security-related work

1. Based on annual and five-year mobilization plans approved by the Prime Minister, the Ministry of Public Security shall coordinate with the Ministry of Education and Training, relevant ministries and agencies in organizing the training of scientific and technological personnel in service of public security-related work.

2. The State adopts policies of priority and creates conditions for the Ministry of Public Securitv  to recruit and mobilize trained scientific and technological cadres, experts and employees in service of public security-related work and send qualified persons to study at scientific and technological training establishments at home and abroad.

The recruitment of pupils and students into the public security force, the selection and sending of pupils, students, public-security personnel for training at home and abroad in order to enhance scientific and technological resources in service of public security-related work comply with the provisions of Decree No. 43/2007/ND-CP of March 26, 2007, detailing and guiding the implementation of a number of articles of the Law on Public Security.

3. Ministries, ministerial-level agencies and provincial-level Peoples Committees shall direct their respective training establishments to perform the tasks of training scientific and technological personnel under plans on mobilization of scientific and technological resources in service of public security-related work, which are approved by competent authorities.

Article 18. Mobilization of individuals engaged in scientific and technological activities

1. Individuals engaged in scientific and technological activities arc mobilized by the following modes:

a/ Voluntary participation in scientific and technological activities in service of public security-related work by scientific and technological activists;

b/ Agreement between competent state agencies and scientific and technological activists;

c/ Transfer of scientific and technological activists among state agencies.

2. The Minister of Public Security shall decide on mobilization of individuals engaged in scientific and technological activities on the basis of agreement reached with agencies, scientific and technological institutions managing those individuals or agreement with scientific and technological activists if they work independently and are not managed by state-run scientific and technological institutions according to plans approved by the Prime Minister.

3. Mobilization decisions must be notified to scientific and technological institutions where scientific and technological activists work.

Article 19. Mobilization of national material and technical foundations

1. Part or whole of works, systems, equipment or technical means of state-run material and technical foundations can be mobilized in service of public security-related work to ensure national security as well as social order and safety.

2. The mobilization of part or whole of works, systems, equipment or technical means of state-run material and technical foundations in service of public security -related work must be approved by the Prime Minister in annual mobilization plans. Based on the approved mobilization plans, the Minister of Public Security shall decide on the mobilization.

Article 20. Enhancement of material and technical foundations, information resources and databases in service of public security-related work

1. The enhancement of material and technical foundations, information resources and databases in service of public security-related work is effected under mobilization plans approved by the Prime Minister.

2. The State enhances material and technical foundations, information resources and databases in service of public security-related work through the following activities:

a/ Investing in the construction of laboratories, testing stations, observation stations in professional domains of the public security force;

b/ Renewing means, tools and technologies in direct service of scientific research and technological development activities of the public security force;

c/ Investing in the construction of public security database systems.

Article 21. Mobilization in circumstance of threat to national security, social order and safety.

In circumstance of threat to national security and social order and safety, the mobilization of scientific and technological resources is carried out as follows:

1. The Prime Minister shall decide on the compulsory purchase of works, equipment systems, means of transport, information and communication facilities, properties of organizations and individuals, modem scientific and technological achievements; on the requisition of scientists, scientific and technological experts in service of public security-related work at the proposal of the Minister of Public Security.

2. The Minister of Public Security and agencies specialized in national security protection under the Ministry of Public Security shall decide on the requisition of part or whole of works, systems, equipment, technical means of state-run material and technical foundations and the current users or operators of such works, systems, equipment or means in service of public security-related work.

3. The compulsory purchase and requisition order and procedures comply with provisions of law.

4. The mobilization decisions defined in Clauses 1 and 2 of this Article take immediate implementation effect.

5. Agencies, organizations and individuals subject to mobilization shall implement the mobilization decisions of competent state bodies or persons; in case of involuntary implementation, they will be forced to do so under the provisions of law.