Nghị định 28/2023/NĐ-CP quy định chức năng, nhiệm vụ, quyền hạn và cơ cấu tổ chức của Bộ Khoa học và Công nghệ

DECREE

DEFINING FUNCTIONS, TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF THE MINISTRY OF SCIENCE AND TECHNOLOGY

Pursuant to the Law on Government Organization dated June 19, 2015; Law dated November 22, 2019 on Amendments to some Articles of the Law on Government Organization and Law on Local Government Organization;

Pursuant to the Government's Decree No. 123/2016/ND-CP dated September 01, 2016 defining functions, tasks, powers and organizational structures of Ministries and ministerial agencies; Government’s Decree No. 101/2020/ND-CP dated August 28, 2020 on amendments to some Articles of the Government’s Decree No. 123/2016/ND-CP dated September 01, 2016 defining functions, tasks, powers and organizational structures of Ministries and ministerial agencies;

At the request of the Minister of Science and Technology;

The Government hereby promulgates a Decree defining 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 which exercises the function of state management of science, technology and innovation, including: scientific research, technology development and innovation activities; development of scientific and technological potential; intellectual property; standards, metrology and quality; atomic energy; radiation and nuclear safety; public services in the industries under its management as prescribed by law.

Article 2. Tasks and powers

The Ministry of Science and Technology shall exercise its tasks and powers defined in the Government's Decree No. 123/2016/ND-CP dated September 01, 2016 defining functions, tasks, powers and organizational structures of Ministries and ministerial agencies and Government’s Decree No. 101/2020/ND-CP dated August 28, 2020 on amendments to some Articles of the Government’s Decree No. 123/2016/ND-CP dated September 01, 2016 defining functions, tasks, powers and organizational structures of Ministries and ministerial agencies, and the following specific tasks and powers:

1. Submit to the Government bills and draft resolutions of the National Assembly; ordinance projects and draft resolutions of the Standing Committee of the National Assembly; draft resolutions and decrees of the Government under the Ministry’s approved annual law-making programs and plans, and resolutions, projects and schemes assigned by the Government or the Prime Minister; submit to the Prime Minister draft decisions, directives and other documents in the industries under the Ministry’s management.

2. Submit to the Government and Prime Minister long-term and 05-year development strategies, planning and plans regarding science, technology and innovation, important national projects and works in the industries under its management.

3. Approve 05-year and annual science, technology and innovation orientations, objectives and tasks; annual science, technology and innovation plans, and science, technology and innovation tasks under its state management in conformity with science, technology and innovation development strategies as decentralized or authorized by the Government or Prime Minister.

4. Promulgate circulars, decisions, directives and other documents under its state management; provide guidance on, inspect and organize the implementation of legislative documents, strategies, policies, planning and plans under its management after their approval and promulgation; disseminate, publicize and provide education about the law on science, technology and innovation; develop national standards and technical regulations, procedures and econo-technical norms within its power in the industries and sectors under its state management.

5. Inspect legislative documents relating to the industries and sectors under its state management promulgated by other ministries, ministerial agencies and provincial People’s Councils and People’s Committees; review and systematize such legislative documents; if it is found that the regulations promulgated by the aforesaid agencies are suspected of contravening those under the legislative documents in the industries and sectors under its management, propose the handling thereof in accordance with law.

6. Provide guidelines for and inspect the business lines in industries and sectors under its management on the list promulgated by the Government; manage the issuance, modification, revocation and extension of licenses, certificates and registration certificates in the industries and sectors under its management in accordance with law.

7. Direct and inspect science, technology and innovation management operations by science and technology authorities of People’s Committees of provinces and central-affiliated cities. Provide guidance on functions, tasks, powers and organizational structures of science and technology authorities of People’s Committees of provinces and districts; provide guidance on functions, tasks, powers and organizational structures of public science and technology service providers of science and technology authorities of People’s Committees of provinces.

8. Regarding science, technology and innovation activities

a) Direct the implementation of 05-year and annual science, technology and innovation orientations, objectives and tasks, promote the development of key techno-economic industries and sectors by applying, innovating and mastering technologies, developing modern and high technologies and commercializing technologies and results of scientific research and technological development.

b) Instruct ministries, central and local authorities in formulation and implementation of 05-year and annual science, technology and innovation plans, and science, technology and innovation management operations.

c) Organize the certification of hi-tech activities; impose conditions on hi-tech incubators and high-tech business incubators; prescribe the competence, conditions and procedures for certification of hi-tech human resource training institutions; build database, information infrastructure and technical infrastructure in support of high technologies within its competence; formulate and submit to the Government for promulgation of regulations on hi-tech zones, orientations for high technologies given priority in investment and development from time to time and list of technologies given priority in research, development and application  criteria so as to facilitate proactive participation in the 4th Industrial Revolution, and mechanisms and policies for development of high technologies and hi-tech parks.

d) Provide guidelines for determination, order placement, selection, direct assignment, assessment and acceptance of science, technology and innovation tasks; cooperate with the Ministry of Finance in determining value of property which is the outcome of science and technology tasks and intellectual property under regulations of law; transferring the ownership and the rights to use results of scientific research, technology and innovation development funded by the state budget; utilizing, applying, commercializing, publicizing and disseminating results of scientific research, technology and innovation development.

dd) Manage science, technology and innovation tasks in the industries under its management; determine, provide guidance on and organize the performance of national science and technology tasks; manage and organize the performance of tasks set forth in the national science, technology and innovation programs and schemes approved by the Prime Minister.

e) Examine, monitor and inspect the implementation and post-acceptance of state-funded science, technology and innovation programs, theses and projects; independently evaluate results of scientific research, technology and innovation development.

g) Provide guidance on and register the operation of scientific and technological institutions, science and technology development funds, technology innovation foundations and hi-tech venture funds; certify activities of organizations and individuals involved in hi-tech activities and hi-tech businesses as prescribed by law.

h) Formulate, provide guidance on and organize the implementation of mechanisms and policies for promotion and development of technology research, application and incubation.

i) Assist organizations and individuals in assessing, innovating, seeking and importing technologies, utilizing inventions, decoding and mastering technologies; provide guidance on and evaluate technological capability and establish orientations for technology development and national technology innovation roadmap in accordance with law.

k) Formulate and submit to the Government regulations on competence, sequence, procedures and conditions for issuance of certificates of eligibility for provision of technology assessment and inspection services; special conditions for human resources and infrastructure to be satisfied by technology inspection service providers, and organize the implementation thereof after their promulgation.

l) Formulate, provide guidance on and organize the implementation of mechanisms and policies for technology assessment, appraisal, inspection and transfer; license technology transfer with regard to technologies restricted from transfer, certify the registration of technology transfer and certify technology transfer with regard to transfer encouraged technologies as decentralized; appraise or give opinions on scientific and technological contents of investment projects, national sector planning, regional planning, provincial planning, special administrative-economic unit planning, urban planning, rural planning, technical and specialized planning, scientific research programs and schemes serving technology transfer and development of science and technology market.

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

a) Perform uniform management of innovation activities; formulate, provide guidance on, inspect and organize the implementation of mechanisms and policies for promotion and development of innovation and innovation activities and call for investment in innovation and startup.

b) Manage, provider guidance on and organize innovation activities, develop a national innovation and startup ecosystem; create and promote a legal environment assisting innovation and startup.

c) Manage and develop a system of organizations assisting startup; establish, operate and develop a national startup network.

d) Manage, provide guidance on and organize the development of science and technology market; promote science and technology market on the regional, national and international scale, technology centers and platforms.

dd) Formulate, provide guidance on and organize the implementation of mechanisms and policies to encourage and develop incubation activities, activities aimed at supporting science and technology enterprises and start-ups, the establishment of science and technology enterprises; execute programs for supporting the development of enterprise incubation and support organizations, and development of science and technology enterprises.

e) Provide guidance on the establishment of incubators, technical facilities and co-working spaces for innovation, start-up, development of science and technology market, and science and technology enterprises; assist in improving technological capacity for small and medium-sized enterprises as prescribed by law.

10. Regarding development of scientific and technological potential and innovation

a) Preside over and cooperate with ministries, central and local authorities in formulating and submitting to a competent authority the planning for network of public scientific and technological institutions, and organizing the implementation thereof after its promulgation; provide guidance on exercise of autonomy by public scientific and technological institutions; submit to the Prime Minister for promulgation of basic and essential public science and technology; preside over and cooperate with the Ministry of Finance, ministries and agencies concerned in requesting the Government to promulgate additional regulations on specific autonomy mechanism with regard to science and technology.

b) Specify criteria for classification, ranking and conditions for establishment, merger, consolidation, re-organization or dissolution of scientific and technological institutions; establish and appraise the establishment, re-organization or dissolution of public scientific and technological institutions in accordance with law; provide guidance on functions, tasks, powers, organizational structure and operating regulations of the Management Council in public scientific and technological institutions.

c) Promulgate within its competence or submit to a competent authority for promulgation and organize the implementation of mechanisms and policies for training, retraining, employment and promotion of individuals engaged in scientific and technological activities; policies to attract scientists, qualified experts and intellectuals who are overseas Vietnamese.

d) Formulate and organize the implementation of planning for development of human resources in science and technology, plans to provide professional training and retraining in science and technology for human resources in science and technology under its management.

dd) Manage, provide guidance on and organize communication, library and statistical activities in relation to science, technology and innovation; manage domestic science and technology publications; build a national scientific and technological information and statistics infrastructure; direct and organize technology and equipment markets, connection of technology supply and demand, technology trading activities and science, technology and innovation exhibitions; build databases of science, technology and innovation; invest in the development of a national scientific and technological information network connected to regional and international scientific and technological information networks.

e) Manage, provide guidance on and organize the awarding of the Ho Chi Minh Prize, State Prize and other prizes for science and technology as prescribed by law.

g) Design programs, provide guidance on and organize the communication of information about science, technology and innovation activities.

11. Regarding intellectual property

a) Preside over and cooperate with ministries, central and local authorities in formulating, providing guidance on and organizing the implementation of intellectual property mechanisms, policies, strategies, planning, plans, programs and projects.

b) Formulate, provide guidance on, organize and inspect the implementation of regulations of law on intellectual property; prescribe procedures for registration, establishment and transfer of intellectual property rights of organizations and individuals.

c) Perform the state management of innovative activities.

d) Provide guidance on and organize the establishment and transfer of industrial property rights; apply measures to protect legitimate interests of the State, organizations and individuals in the field of industrial property.

dd) Provide professional guidance on industrial property to regulatory bodies, organizations and individuals; instruct and assist organizations and individuals to manage, operate and develop intellectual property under its management as prescribed by law.

e) Manage industrial property representation and examination and other intellectual property services.

g) Preside over settling disputes over and commercial disputes related to industrial property in accordance with law.

h) Cooperate 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 state management of intellectual property with respect to related industries as assigned by the Government.

12. Regarding standards, metrology and quality

a) Manage the system of Vietnam standards and technical regulations; appraise and announce national standards; provide guidance on formulation and appraise of national technical regulations; organize the formulation and provide guidance on application of national standards, formulate, promulgate and provide guidelines for application of national technical regulations in the industries under its management; participate in formulating international and regional standards; provide guidance on application of international, regional and foreign standards in Vietnam; provide guidance on formulation of local technical regulations; provide guidance on formulation and announcement of base standards; manage the operation of the network of notification and enquiry authorities and Cross-sector Committee for Technical Barriers to Trade; manage the national database of national standards and national technical regulations; perform state management of goods labels, numeric codes, bar codes and tracing of products and goods.

b) Manage the establishment, maintenance, preservation, use, development and application of the measurement standard system; approve national measurement standards; research, apply, develop, manufacture and produce measurement products, reference materials and measuring instruments; designate an organization to maintain national measurement standards; perform the metrology management of measuring instruments, measurement methods, quantities of prepackaged goods and measurement standards; manage the inspection, calibration and testing of measuring instruments and measurement standards;  support the innovation and development of measurement activities in enterprises; carry out state inspection of measurement and quality of products and goods labels as prescribed by law.

c) Preside over and cooperate with related ministries and central authorities in performing state management of product and goods quality and tracing  during production, and goods exported, imported or marketed and in use in accordance with law.

d) Provide guidance on and manage the assessment of conformity with standards and technical regulations and accreditation of conformity assessment bodies.

dd) Organize the research, application and improvement of productivity and quality in industries and sectors; preside over implementing the national program for improving productivity and quality of products and goods; preside over, implement and apply tracing; research, advise, train and apply science, technology and innovation in the field of standards, metrology and quality; preside over and cooperate with related ministries and central authorities in organizing the implementation of international agreements and treaties in the fields of standards, technical regulations, measurement, productivity and quality of products and goods, goods labels, numeric codes, bar codes, tracing of products and goods and conformity assessment; manage, provide guidance on and organize the application of the advanced system of quality management in agencies and organizations of the state administrative system, organizations and enterprises; manage, provide guidelines for and organize the presentation of the National Quality Award; manage the presentation of product and goods quality awards to organizations and individuals.

e) Organize establishment, management, operation, maintenance and exploitation of databases of numeric codes, bar codes and tracing of product and goods; organize the provision of professional training, coaching and retraining courses on numeric codes, barcodes and tracing of products and goods for agencies and organizations under the state administrative system, organizations and enterprises.

13. Regarding atomic energy and radiation and nuclear safety.

a) Formulate and submit to competent authorities for promulgation or promulgate within its competence and organize the implementation of mechanisms and policies for atomic energy development and application for peace.

b) Perform state management of atomic energy research, development and application in techno-economic sectors; preside over and cooperate with ministries and central authorities in formulating, providing guidelines for and organizing the implementation of planning and plan for atomic energy development and application to service socio-economic development; provide guidelines for and organize the performance of tasks in the building of radiation establishments and nuclear establishments in accordance with law.

c) Manage radiation safety, environmental radioactivity, nuclear safety, security of radioactive sources, nuclear security and nuclear inspection in atomic energy activities nationwide.

d) Manage the national environmental radioactivity observation and warning network and the system of standardized national laboratories in the field of radiation and nuclear measurement.

dd) Stipulate and provide guidelines for declaration and issuance of licenses for performance of radiation jobs; inspect and impose penalties for violations against regulations on assurance of radiation and nuclear safety with regard to atomic energy activities.

e) Manage nuclear fuels, spent nuclear fuels, nuclear materials, source nuclear materials, radioactive waste and auxiliary services for atomic energy application; manage the import and export of radiation technologies and equipment, nuclear fuels, spent nuclear fuels and nuclear materials and radioactive sources nationwide.

g) Prescribe the control of and response to radiation and nuclear accidents.

14. Perform state management of public services under its state management in accordance with law.

15. Regarding management of public officials and public employees specializing in science and technology:

a) Manage job positions, pay grade-based structure of public officials, professional title-based structure of public employees, number of public officials and number of persons working for public science and technology service providers under its management as prescribed by law.

b) Provide guidance on job positions of public officials in science and technology from central to local government; determine the limits on number of public officials in agencies and organizations in science and technology industries and sectors; provide guidance on job positions, professional title-based structure of public employees and number of persons working for public science and technology service providers under its management as prescribed by law.

c) Specify contents, methods and determination of successful candidates in rank promotion examination for public employees specializing in science and technology after reaching an agreement with the Ministry of Home Affairs.

d) Prescribe the codes and professional standards applicable to public officials ranks and professional titles standards applicable to public employees and salary classification for public officials and public employees specializing in science and technology as prescribed by law.

16. Regarding international cooperation and integration

a) Provide guidelines for and organize activities aimed at international integration on science and technology as prescribed.

b) Organize the implementation of approved bilateral and multilateral cooperation programs and agreements, schemes for international and regional integration in science and technology; develop a network of overseas scientific and technological representatives as directed by the Government or Prime Minister.

c) Direct and provide guidance on the implementation of the Government and Prime Minister’s regulations on organization of international conferences and seminars on the industries under its state management.

d) Act as an official representative of Vietnam in international science and technology organizations as assigned or authorized by the Government and the Prime Minister.

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

a) Provide guidance on and inspect the implementation of policies and laws in the industries and sectors under its state management; provide professional guidance on specialized inspection and impose penalties for violations against law in accordance with law.

b) Settle organizations’ and individuals’ complaints, denunciations and recommendations related to the industries and sectors under its state management; receive citizens, prevent and combat corruption, practice thrift and combat wastefulness in accordance with regulations.

18. Organize the management of associations and non-governmental organizations operating in the industries under its state management in accordance with law.

19. Manage and organize the implementation of investment projects within its competence in accordance with law.

20. Organize and direct the implementation of scientific research plans, application and commercialization of scientific and technological results in units under its management.

21. Act as the representative of the owner of state capital in partially state-owned enterprises and off-budget state financial funds under its management in accordance with law.

22. Organize the implementation of its administrative reform plan under the state administrative reform program approved by the Government or Prime Minister; organize the application of information technology; digital transformation, development of e-Government towards digital government, digital economy and digital society; build, operate and ensure information safety and security of digital infrastructure, digital platforms, data platforms, digital applications and digital services in the field of science, technology and innovation according to regulations of law.

23. Manage its organizational apparatus, quantity of public officials, job positions, structure of public employees and number of persons working for public service providers; decide on the appointment, re-appointment, transfer, secondment, dismissal, resignation and relief from duty of personnel; implement the regulations on salaries and policies on preferential treatment and condemnation and take disciplinary actions against cadres, public officials and public employees as prescribed by law and provide other benefits to them; formulate and organize the implementation of plans to provide professional training and retraining of cadres, public officials and public employees under its management in accordance with law.

24. Make its own annual budget estimates and budget statements and 03-year state budget and finance plan. Cooperate with the Ministry of Finance, other ministries and agencies concerned in aggregating the annual state budget estimate, plan for allocation of central government budget, 05-year financial plans and 03-year state budget and finance plans in the field of science and technology. Cooperate with the Ministry of Finance in establishing policies, standards and limits on budget expenditures in the field of science and technology; propose the ratio of state budget expenditure on science and technology. Cooperate with the Ministry of Planning and Investment in formulating a plan for state budget investment in science and technology development as prescribed by law. Manage, organize the implementation, inspect and supervise the use of state budget for the science and technology; perform other tasks related to state budget and assets in accordance with law.

25. Perform other tasks and exercise other powers as assigned by the Government and Prime Minister and as prescribed by law.

Article 3. Organizational structure

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

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

3. Department of Technology Appraisal, Examination and Assessment.

4. Department of High Technology.

5. Department of Atomic Energy

6. Department of Technology and Technological Advances Application.

7. Department of Planning and Finance.

8. Department of Legislation.

9. Department of Personnel and Organisation.

10. Department of International Cooperation

11. Ministry Office.

12. Ministry Inspectorate.

13. Department of Technology Development and Innovation.

14. National Agency for Scientific and Technological Information.

15. National Agency for Technology Entrepreneurship and Commercialization Development.

16. Viet Nam Agency for Radiation and Nuclear Safety and Control.

17. National Office of Intellectual Property of Viet Nam.

18. National Committee for Standards, Metrology and Quality.

19. Academy of Science, Technology and Innovation.

20. VnExpress online newspaper.

21. Viet Nam Social Sciences Review.

22. Information Technology Center.

In this Article, the units specified in clause 1 through 18 are administrative organizations assisting the Minister in exercising the functions of state management; the organizations specified in Clause 19 through 22 are public service providers in support of the Ministry’s functions of state management. The National Committee for Standards, Metrology and Quality reserves the right to use the seal bearing the national emblem.

The Minister of Science and Technology shall submit to the Prime Minister for promulgation of a Decision defining functions, tasks, powers and organizational structure of the Academy of Science, Technology and Innovation and a list of other public service providers affiliated to the Ministry.

The Minister of Science and Technology shall define functions, tasks, powers and organizational structures of units affiliated to the Ministry within his/her competence.

Article 4. Transitional clauses

1. The Directorate for Standards, Metrology and Quality (renamed the National Committee for Standards, Metrology and Quality) shall continue to exercise its functions and tasks assigned until a competent authority promulgate a new regulation defining functions, tasks, powers and organizational structure of the Committee.

2. The Ministry of Science and Technology shall continue to manage Hoa Lac Hi-Tech Park until a decision is issued by a competent authority. The Management Board of Hoa Lac Hi-Tech Park shall continue its organizational structure and operation under prevailing regulations until a competent authority issues a decision to re-organize it.

3. South Agency and Department of Emulation and Reward shall continue their operation until the Minister of Science and Technology promulgates regulations defining functions, tasks, powers and organizational structures of the units mentioned in clauses 9 and 11 Article 3 of this Decree.

4. The Department of Local Science and Technology Development (renamed the Department of Technology and Technological Advances Application), Vietnam Atomic Energy Agency (renamed the Department of Atomic Energy) and Department of Technology Application and Development (renamed the Department of Technology Development and Innovation) shall continue their operation until the Minister of Science and Technology promulgates regulations defining functions, tasks, powers and organizational structures of the units mentioned in clauses 5, 6 and 13 Article 3 of this Decree. Science and Development Newspaper and VnExpress online newspaper shall close from the date on which the Minister of Information and Communications issues a Decision to revoke their press license.

Article 5. Effect

This Decree comes into force from June 06, 2023 and supersedes the Government’s Decree No. 95/2017/ND-CP dated August 16, 2017 defining functions, tasks, powers and organizational structure of the Ministry of Science and Technology.

Article 6. Responsibility for implementation

Ministers, heads of ministerial agencies, heads of Governmental agencies, Chairpersons of People’s Committees of provinces and central-affiliated cities are responsible for the implementation of this Decree.

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