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The Decree 20/2013/nd-Cp: Functions, Tasks, Powers And Organizational Structure Of The Ministry Of Science And Technology

Original Language Title: Nghị định 20/2013/NĐ-CP: Quy định chức năng, nhiệm vụ, quyền hạn và cơ cấu tổ chức của Bộ Khoa học và Công nghệ

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THE GOVERNMENT.
Number: 20 /2013/NĐ-CP
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, 26 February 2013

DECREE

Functional regulation, mission, authority and organizational structure of the Ministry of Science and Technology.

____________________________

Government Law Base December 25, 2001;

Base of Protocol 36 /2012/NĐ-CP April 18, 2012 the Government regulates the functions, duties, powers, and organizational structure of the Ministry, the peer-to-peer body;

At the suggestion of the Minister of Science and Technology;

The government issued a decree regulating the function, mandate, authority and organizational structure of the Ministry of Science and Technology,

What? 1. Location and function

The Ministry of Science and Technology is the agency of the Government, which performs state management functions on science and technology, including: scientific and technological activities; development of scientific and technological potential; intellectual property; quality measurement standards; energy, and technology. The atomic number, the safety of radiation and nuclear; the state management of public services within the Department of Management under the rule of law.

What? 2. Mission and jurisdiction

The Ministry of Science and Technology performs the mandate, the prescribed powers at the Digital Protocol. 36 /2012/NĐ-CP April 18, 2012 by the Government of the Functional Regulation, the office of powers and organizational structure of the Ministry, the peer and the duties, the following specific powers:

1. The Government project the bill, draft the resolution of the National Assembly; the ordinance project, the draft resolution of the Standing Committee of the National Assembly; the draft resolution, the government 's decree under the program, the Ministry' s annual legislation building plan approved. and projects, projects under the government's division, the Prime Minister; strategy, planning, long-term development plans, five years, annually and projects, the industry ' s national important work by the Ministry of Science and Technology.

2. The Prime Minister is draft decision, directive and other text in the field due to the Ministry of Science and Technology Management.

3. Approving the direction, objectives, scientific and technological mission of five years and the annual science and technology plan, development research programs within the Ministry of State management of the Ministry in accordance with the development of scientific and technological development strategies. And according to devolve, government authority, Prime Minister.

4. Board of information, decision, directive, and other documents within the State Department of the Ministry of the Ministry; direction, guide, examination and organization making the written legal, strategic, planning, planning of the Ministry of Management of the Ministry after the decision. was enacted, approved; information, propaganda, disseminism, education of law on science and technology; standard issue, national engineering standards, processes, economic norms-the technical-according to jurisdiction in the industry, the field of the field of governance. State of the Ministry.

5. Guide, examination for the business sector conditional in the industry, sector by the Government specified by the Government; management of the degree, regulation, recovery, extension of the types of licenses, certificates, registration papers within the state management range on the subject matter. Branches, sectors of the Ministry, by law; the active duty of professional agencies of the Ministry of State management.

6. In terms of science and technology activity:

a) The direction of navigation, goal, scientific research and development mission for five years and years, transfer of technology, promote the development of industries, the business sector-the focus technology on a innovation basis, master of technology, practice, and business. New technology development, high technology;

b) The presiding guide of ministries, sector, local implementation of the autonomy mechanism, self-responsibility of scientific institutions and public technology; guidance, support of the establishment, development of the scientific and technological enterprise; supporting organizations, individuals who develop and develop the organization. Innovative, innovative, technological innovation, technology innovation; regulations, guidelines, organizations, individuals, individuals, and technology, and technology, and technology, and technology.

c) Guide, organization that performs application certification, research, high technology development and high technology enterprise recognition; regulatory regulation on high technology incubation facilities, high tech enterprise generation; appraisal rules The right, the condition, the procedure to confirm the basis of high-tech workforce training; building databases, infrastructure information within the high-tech domain of the Ministry; construction of the government, which enacted the criteria, the conditions of the establishment of high technology and building. building mechanisms, high technology development policy; directly management of the Peaceful Technology District;

d) Guidelines for identification, ordering, selection, communication, evaluation, acceptance, scientific and technological tasks; the delivery of ownership and the use of the results of scientific and technological tasks derived from the state budget. Ownership of the ownership and the right to use the results of scientific and state-level technology for organizations, individuals. Exploitation, application, publication, the resulting propagation of scientific research and technological development;

) Management of scientific tasks and state-level technology in the field of the scope of the Department; construction, guidance and organization carrying out the scientific and technological tasks of the state level, the mission in programs, scientific and scientific projects, and the management of the Ministry of Management. national technology has been approved by the Prime Minister;

e) The guide and organization make the order of a number of scientific and technological products on scientific and technological tasks using state budgets;

g) Check, monitor, and inspection specialized in the process of execution and following the collection of programs, topics, scientific projects and technologies that use state budget capital; the organization that evaluated the results of scientific research and technological development of the organization. Science and technology;

h) The guide, registration of activities for research and development organizations, scientific and technological services organizations, the scientific and technological development fund, technology innovation fund, high-tech venture capital funds under the rule of law;

i) Regulations the operation of technology transfer and technology transfer services; guidance of evaluation, valuation, appraisal, technology monitoring; technology transfer licensing and registration of contract transfer of technology transfer; appraisal, assessment and analysis. the scientific and technological content of investment projects, economic development planning-social development, industry planning, sector, programs, scientific research projects that serve technology transfer activities, development of the technology market under jurisdiction; appraisal, the Government enlisting the portfolio of transfer incentive technology, the list of technology restrictions on transfer and category. transfer forbidden technology;

l) Guide ministries, industry, local construction of science and technology planning for five years, annually and in the management of scientific and technological operations management.

7. On the development of scientific and technological potential:

a) The Chair, in collaboration with the ministries, the industry and the local construction of the network planning of scientific and technological institutions and the organization implemented after being enacted; the specific regulation of the establishment criteria, classification, operational conditions for the scientific organization and the organization of the organization. technology; established or has an opinion on the establishment, reorganization, dissolution of the public career unit that operates in the field of science and technology in accordance with the regulation of the law; guiding the management of the national focus laboratory system;

b) Board by jurisdiction or authorship to enact and organize implementation of mechanisms, policies on training, use, arbitration of scientific and technological cadres; construction and organization implementation of the program, training plans, fostering partners, and training exercises. Active in the field of science and technology and the development of the development of scientific and technological forces;

c) Coordinated with the Ministry of Finance to build financial mechanisms in the field of science and technology, the financial capital plan of the scientific and technological careers of the year; determining the cost structure and the ratio of budgets devoted to the scientific and technological activities of each year. The ministries, the departments, the local authorities have the authority to approve. Coordinate with the Ministry of Planning and Investment Building the investment budget capital plan development of science and technology annually. Testing, overseeing the implementation of the appropriation of the budget for science and technology annually and the use of the budget for science and technology to ministries, industry, and local law;

d) Guide to information activities, media, libraries, statistics in the field of science and technology, technological market development; construction of information infrastructure, scientific statistics and national technology; organization of technology markets and equipment, centers on the market, and more. Technological transactions, science and technology exhibitions; building systems of national databases of science and technology; investment development of advanced scientific and technological information networks connected to the region and internationally.

8. In intellectual property:

a) Building, guide, organization to implement and examine the implementation of the provisions of the law on intellectual property; process regulation, registration procedure, and verification of intellectual property rights, rights to use and transfer of organizational intellectual property of the organization, individual;

b) State management of the initiative activities;

c) The guide, the organization that performs the identification, transfer of the ownership of industrial ownership; implementation of measures to protect the legal rights of the State, organization, individual in the field of industrial possession;

d) A career guide to the management agency on industrial ownership; management of industrial ownership activities, management of industrial ownership, and other services on intellectual property; guidelines for a career in industrial ownership of ministries, industry, and industry. local, business and facility;

Presided over the organization addressing disputes over industrial ownership and trade disputes involving industrial ownership in accordance with the law of law;

e) In coordination with the Ministry of Culture, Sports and Tourism, Ministry of Information and Communications, the Ministry of Agriculture and Rural Development performs state management of intellectual property on the fields related to the government's division.

9. In terms of standards, measurement, quality:

a) Management of Vietnam ' s standard systems and technical standards; appraisal and publication of national standards; construction guidelines and national engineering standards appraisal; construction organization, national standards adoption guidelines and construction, enacted, direction, and more. resulting in the application of national technical standards in the field of management of management; participation in international standard construction; guidelines for the adoption of international standards, regional standards, foreign standards in Vietnam; guidelines for the construction of local engineering standards. method; the direction of construction and publication of the base standard; organization, operation management of the network of intelligence agencies and questions of Vietnam ' s response to the organization. a technical barrier in commerce; state management of the labels of goods, codes, barcodes, and product distribution, commodities;

b) Management of the establishment, maintenance, preservation and use of the measurement standard system; approx the national measurement standard; specify the organization to hold national measurement standards; organization management of measurement for measuring means, measurement, amount of available packaging, standard measurement; organization of testing operations, calibration, testing, measurement, measurement;

c) Chair, coordination with ministries, the relevant sector management of the state management of the quality of products, goods in manufacturing, export goods, imports, circulation on the market and in the process of use under the rule of law; guidelines and guidelines. management of the product labeling on the country range; guidelines and operations management assess the suitability of standards and technical standards, which recognizes the capacity of the test room, the standard room, the organization that demonstrates the suitability, organization of the judging; presiding organization; implement the national program that raises productivity, quality and competiability of the product, commodity; implementation of agreements and conditions in the country. The international wish for mutual recognition of the outcome of evaluation of standards and technical standards, measurement and quality of products, goods; management, guidance, and organizational implementation implement the application of the first quality management system in the world. It ' s in the operation of the state administration.

10. In terms of atomic energy, radiation safety and nuclear:

a) State management of radiation safety, environmental radiation, nuclear safety, radioactive source security, nuclear security, and nuclear inspectors in atomic energy application activities across the country; guidelines, organization deployment operations, and other activities. application, atomic energy in the economic-engineering industries, nuclear power plant construction projects by law;

b) Organization of national environmental monitoring and environmental radiation alerts and national defense systems in the field of radiation and nuclear measurement;

c) Regulation and guidance of declaration, licensing of the process of radiation work; inspectors and violations of the breach of radiation safety and nuclear safety for activities in the field of atomic energy;

d) Nuclear fuel management, used nuclear fuel, nuclear material, source nuclear material, radioactive waste and service operations support the atomic energy application; management export management of technology, radiation equipment, nuclear fuel, and nuclear fuel. By the way, nuclear fuel has been used, nuclear material and radioactive sources within the country.

The rule of control and disposal of radiation incidents, nuclear incidents.

11. Public service:

a) Guide to career organizations that implement public service in the industries, the field of the Department of State management of the Ministry;

b) Building processes, procedures, economic-economic norms for organization activities that provide industry-based public services, the sector by the Ministry of Management;

c) The guide, facilitalization of support for public service execution organizations by law.

12. Public Administration, academic and technology officer:

a) Building the standard of expertise, the career of public tranche in the field of science and technology to the Ministry of Internal Affairs;

b) Management position in the public career unit of the Ministry of State management of the Ministry;

c) Construction and planning of a professional career as a professional and scientific profession;

d) The standard specific regulation, conditions, content, exam form or promotion and organizational organization, and promotion of professional title to the department of science and technology in accordance with the rule of law;

Construction and promulgation of the title of leadership, management of the professional body of science and technology of the Provincial People's Committee, the Central City of the Central Committee.

13. On international cooperation:

a) The organization performs programs, agreements, bilateral and multilateral cooperation agreements, the international integration and regional integration project of science and technology that has been approved; the implementation of the network of scientific representation and technology abroad under the direction of the United States. The government.

b) Directs, guidelines for implementing the provisions of the Government, the Prime Minister on the organization of the conference, the international workshop concerning the fields of state management of the Ministry;

c) The official representative of Vietnam at international organizations in the field of science and technology under the division, the government ' s mandate, the Prime Minister.

14. On the inspection, inspection, prevention of corruption:

a) Guide, examination and inspection of policy implementation, industry law, sector of the Ministry of State Management; professional guidance, a career in specialized inspection work, and processing of legal violations by law. the law;

b) Resolve the complaint, denounce, the organization ' s petition, the individual involved in the industry, the area of the Ministry of State management of the ministry; organization of the participation and execution of defense, anti-corruption by regulation.

15. Public advocacy group recognition, association, non-governmental organization (known as Society) operates in areas of the Ministry of State management of the Ministry; guidelines, facilitation of the Society to participate in the activities of the industry; the organization takes its opinion. The Society for finalization of the provisions of the law of science and technology; examination, inspection of the implementation of the laws of law on the Board of Operations in the areas of the Department of the Ministry; the treatment under the jurisdiction or the house organ petition. It has the authority to deal with the laws of violating the laws of law by law.

16. Manage and organize the implementation of the investment projects of the Ministry's jurisdiction under the rule of law.

17. Organization and direction of the implementation of scientific research plan, the application of scientific progress and technology at the units of the Ministry of Management.

18. On the implementation of the owner of the Capital portion of the State at the business has state-owned state capital by regulation:

a) Implementers the right and obligations of the state-owned owner according to the assignment, the government's hierarchy, the Prime Minister for the LLC of a member of the state as the owner of the state and the portion of the state invested in enterprises;

b) The agency has the authority to appoint, dismissal or appoint, to be dismissed under the jurisdiction of leadership titles, enterprise management;

c) Appropriation by authority or authorship with authority to approve the organization's Regulatory and Activity Charter.

19. The organization implementing the administrative reform plan, of the Ministry under the state administrative reform program approved by the Prime Minister.

20. Ministry of organizational organization, civil service, employment position, office structure, and number of people working in the public career unit; decision-making, reappointment, operation, rotation, resignation, resignation, dismissal; monotor; practice. The wage regime, the regimes, the enlightenment policy, the commendation, discipline, and other regimes for cadres, civil officials, officials; construction and organization carrying out training plans, fostering expertise, and business for cadres, civil officials, officials, and officials. of the Ministry of Management under the rule of law.

21. Building the collection, the annual state budget of the Ministry and of the science and technology sector; in coordination with the Ministry of Construction Finance, the total collection of revenues, industry spending, the field of the Department of Science and Technology Management to Policy Policy. The National Assembly; management, organization implementing the state budget decision; implementing other tasks on state budgets, finances, assets under the rule of law.

22. Do the duties, the powers provided by the Government, the Prime Minister of the Government or by the provisions of the law.

What? 3. The organization ' s organizational structure

1. Social and Natural Sciences.

2. The Department of Science and Technology of Economic-Engineering;

3. The Assessment, Appraisation and the Director of the technology;

4. High Technology.

5. The Plan-General;

6. Financial case;

7.

8.

9. International Cooperation;

10. Enjoy the Race.

11. The development of science and local technology;

12. Office of the Ministry;

13.

14. The Southern Bureau of Works;

15. Bureau of Applied and Industrial Development;

16. Atomic Energy Bureau;

17. National Bureau of Science and Science Information;

18. Bureau of Market Development and Business Science and technology;

19. The Department of Radiation Safety and Nuclear;

20. The Bureau of Intellecingenuation;

21. Total Quality Measures Standards;

22.

23. Institute of Strategic and Science Policy and Policy;

24. Office of State Level Arbitration Programs;

25. Report of Science and Development;

26. Vietnamese Journal of Science and Technology;

27.

28. Science and technology management.

The units stipulate from paragraph 1 to paragraph 22 This is the organizations that help the minister perform state management functions; units from paragraph 23 to 28 This are career units serving the Ministry's state management function.

The Social and Natural Science case is held in 2 rooms, the Science and Technology Department of Business-Economics is held in 3 rooms, the Organisation of Public Affairs held 3 rooms, the International Cooperation held in 04 rooms, the Planning-General, which was held in 03. In case, the Financial Case was held every three years.

The Minister of Science and Technology of the Government of the Government issued decisions that govern the functions, duties, powers, and organizational structure of the General Directorate of Quality Measures Standards, the Board of State of the Reconciliation Zone of Technology and the list of units of events. Others now belong to the Ministry of Science and Technology.

What? 4. Effect of execution

1. This decree has been in effect since 20 April 2013.

2. This decree replaces the Digital Protocol 28 /2008/NĐ-CP March 14, 2008 the Government provides for the functions, duties, powers, and organizational structure of the Ministry of Science and Technology; the abolition of previous regulations against this decree.

What? 5. Responsibility

The Ministers, the Prime Minister, the Head of the Government of the Government, the Chairman of the Provincial People's Committee, the Central Committee of the Central Committee, is responsible for the implementation of this decree.

TM. THE GOVERNMENT.

Prime Minister

(signed)

Dao Dung