Circular 34/2012/tt-Bqp: Detailing The Implementation Of A Number Of Articles Of The Decision No. 111/2009/qd-Ttg Dated January 9, 2009 By Prime Conditions Regulations, Procedures For Action C ...

Original Language Title: Thông tư 34/2012/TT-BQP: Quy định chi tiết thi hành một số điều của Quyết định số 111/2009/QĐ-TTg ngày 01 tháng 9 năm 2009 của Thủ tướng Chính phủ quy định điều kiện, thủ tục tham gia hoạt động c...

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DEFENSE MINISTRY
Numbers: 34 /2012/TT-BQP
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, April 17, 2012

IT ' S SMART

Details of the details of some of the things Q Serial number 111 /2009/QĐ-TT g

September 1, 2009 the Prime Minister rules the conditions,

the defense of the defense industry.

________________________

Base of Protocol 104 /2008/NĐ-CP September 16, 2008 of the Government regulates the functions, duties, powers, and organizational structure of the Ministry of Defense;

Base Decision Base 111 /2009/QĐ-TTg September 1, 2009 by the Prime Minister of the Government stipulated the conditions, the procedure to participate in the defence industry;

At the request of the Director of the National Defence Industry;

The Minister of Defense rules the details of some of the provisions of the Digital Decision 111 /2009/QĐ-TTg On September 1, 2009, the Prime Minister of the Government stipulated the conditions, the procedure of participating in the defence industry as follows:

Chapter I

GENERAL REGULATION

What? 1. The adjustment range

This information provides for the order, procedure of appraisal and granting the Certificate of eligible participation in the defence industry (Certificate of certification) for the organization, individual; the authority to sign contracts, product collection; report mode, inspection, inspection, inspection, etc. The situation is involved in the defense industry and the duties of the agencies, units, organizations, individuals in the national defense industry, as specified in the number decision. 111 /2009/QĐ-TTg September 1, 2009 by the Prime Minister of the Government rules the conditions, the procedure to participate in defence industry (Decision No. 1) 111 /2009/QĐ-TTg).

What? 2. Subject applies

1. This information applies to the agency, unit, organization, individual in and out of the country taking part in the defense industry.

2. The core defense industry facilities and industrial facilities are not subject to the applicable subject of this information.

What? 3. Explain words

In this Information, the words below are understood as follows:

1. The demand for mobiling to participate in defense industry is the need to supply products, services that serve defense under the plans of the agencies, units of the Ministry of Defense.

2. Special supplies are specialized supplies used for defense, weapons repair, ammunition, ammunition, and military engineering equipment.

What? 4. The defense of defense industry must serve as the Certificate of Certificate

1. Research, the application of engineering science and advanced technology to create defense products. Manufacturing, repair, modernization of weapons, gas, technical equipment; production of explosives, explosives, chemicals, radioactivity serving defense and security.

2. Commercial service, investment, technology transfer, construction of the building in relation to state secrets of the state of defense. Building the basic structure of the building, the work category directly serves the production of weapons, ammunition, explosives, and military engineering equipment.

3. Purchasing material for production, repair of products, sales of finished products, main details of weapons, ammunition, district engineering equipment, and explosive materials, high risk.

4. Training resources for weapons design, ammunition, military engineering equipment, explosives, and technology transfer of products in the fields of defence and national security.

What? 5. The defence of defense industry is exempt as the procedure for certification.

1. Production of the details (cast, heat, plating, precision mechanical machining, compozit ...) for the products of this Article 4.

2. Commercial service, investment, technology transfer not related to security, national security. Building the basic structure of the work, the work item is not part of the specified works at Clause 2, Article 4 of this.

3. Shopping, reserve, maintenance of supplies, information engineering;

4. Training, human resource fostering is not in the defense of defense and security.

What? 6. Subject to the defense industry activity is exempt as the procedure for certification.

1. Organization, foreign individuals have had a Business Investment License under the regulation of Vietnamese law.

2. Organization, foreign individual buying or supplying weapons, military engineering equipment has been approved by the Ministry of Defense.

Chapter II

SEQUENCE, PROCEDURE PROCEDURE, AND CERTIFICATE LEVEL

What? 7. appraisal

1. Level the Certificate of Certificate in Defense Industrial Activity for the organization in the country:

a) 01 primary: The application to participate in the defense industry activities specifies the information, the principal document on the organization and the specific areas of operations (the application form specified at Annex I);

b) 01 copy of a certificate: Decision to establish a business. The list, address of subordinated units;

c) 01 copies of Business Registration;

d) 01 copy of the certificate: A certificate of sufficient security, order, and certificate of adequate fire prevention is provided by a competent public safety agency (for the conditional business profession);

b) 01 copy of a certificate: Financial reports have been audable for the last three years;

e) 01 copy of the certificate: List and summary of leadership cadres, management;

g) 01 copy of a certificate: The profile of the Director, Deputy Director, includes: a verified personal background statement of the governing body; Diploma in graduate degree;

h) 01 copy of a certificate: Document on Technical conditions; design by manufacturing chain technology; manufacturing technology processes;

i) 01 copy of the certificate: The certificate to achieve environmental standards for the basis of production provided by the competent authority;

) Number: 01.

2. Level the Certificate of Certificate of Involvement In Defense industrial activity on domestic individuals:

a) 01 main: A proposal to participate in a defense industry that specifies information, material primarily about itself and the specific area of operations (the single prescribed by Annex II);

b) 01 copy of a certificate: A professional degree is granted by the state authority under the rule of law attached to the field of defense industry that individuals have a need to participate;

c) 01 copies of evidence: Document-proof documentation;

d) 01 copy of a certificate: Summary of the background is granted validation by the master;

) Number: 01.

3. Level Certificate of Certificate of Defence Industrial Activity to foreign organization:

a) 01 primary: The application to participate in the defense industry activities specifies the information, the principal document on the organization and the specific areas of operations (the application form specified at Annex I);

b) 01 copy of a certificate: Decision to establish a business. The list, address of subordinated members;

c) 01 copies of corroboration: Financial reports have been audable for the last three years;

d) 01 copy of the certificate: List and summary of leadership cadres, management;

b) 01 copy of a certificate: Document on technical conditions; design of the production chain technology; manufacturing technology processes;

e) 01 copy of the certificate: The decision to lease land in Vietnam of the grant grant authority to operate the defence industry in the area where the organization has the need to participate (if any);

g) Number: 01 Ministry.

4. Level certification is eligible for a defense industry activity on foreign individuals and Vietnamese residing abroad:

a) 01 main: A proposal to participate in a defense industry that specifies information, material primarily about itself and the specific area of operations (the single prescribed by Annex II);

b) 01 copy of the certificate: The professional text is granted by the state authority under the rule of law attached to the area of defense industry that the individual wants to participate;

c) 01 copies of evidence: Document-proof documentation;

d) 01 copy of a certificate: Summary of the background is granted validation by the master;

1 copy of the certificate: Pasship and residence permit in Vietnam by law;

e) 01 copy of a certificate: Personal background summary is confirmed by local authorities in foreign countries;

g) 01 copy of a certificate: joint venture contract or business cooperation contract (if any);

) Number: 01.

What? 8. Appraisal

1. Organization, individuals have the need to participate in the defense industry operation filing or work directly with the Directorate of Defence Industry. Address 28A Dien Bien Phu, Ba Đìs, Hanoi.

2. Ministry of Defense authorized by the National Directorate of Public Affairs presiding over the establishment of the Board of Organizational Appraisal Certification.

3. Base appraisal of the case or conclusion of the Council of appraisors, the Director of the National Industry Directorate of Defence grants the acting of the Prime Minister of the Ministry of National Defense certification for the organization, the individual. The case is not eligible for certification, the National Defence Industry Directorate has a notice (stating that the reason not granted) to the organization or individual has the case of the proposal to participate in the defence industry.

What? 9. appraisal time

1. During the 15 (fifteen) days of work since the date of the receiving of valid records, the National Directorate of Defence of Defence and the Level of the Certificate of Qualified Participation in Defence Industrial Activity (Form Certificate of Identification at Annex III accompanied). This is private.

2. The case of a complex, complex, large-scale defense industry, with high technical requirements, etc. The National Defence Industry Directorate established the Council for the organization of the appraisal. In this case, the maximum time of appraisal and issuing of certificates is no more than 30 (thirty) of working days, since the date of the receiving of valid records.

What? 10. appraisal council

1. Head of the National Defence Industry as Chairman of the appraisal council.

2. Members of the Board of Appeals include representatives of several departments of the Ministry of Defense and invited representatives of some of the relevant state agencies.

3. The appraisal board is responsible for the construction of the Council ' s operational statute and the content required.

What? 11. The mission of the Council of Appraisal

1. The legal jurisdiction of the prescribed Profile at Article 7 of this Information.

2. Examine the actual competence (technology, equipment, finance and labor ...) of the organization, individual under the regulations at paragraph 1, 2 Articles 6 Decision No. 1. 111 /2009/QĐ-TTg.

3. The conclusion and the petition have the authority to consider granting or deny the Certificate of Certificate.

What? 12. Certificate of Certificate Level Certificate

1. Agency, organization, individual stipulated at Article 2 of this Notice as the procedure for issuing a Certificate of Certification must pay a statutory charge in accordance with the rule of law.

2. Deliver the National Bureau of Industry for the appraisal of the certification issue. The Directorate General of the Defence Industry is responsible for strict management of the revenues and expenditures, while implementing the regulation of financial accounting by regulation.

Chapter III

THE AUTHORITY TO SIGN THE DEFENSE, COLLECT THE PRODUCT.

What? 13. The authority to sign the contract

1. Command of the agencies, the unit is directly signed to the defense contract with the organization, the individual on the basis of the mobiling needs to participate in the planned defense industry operation that has been approved by the Ministry of Defense.

2. The agency, the contract signing unit is responsible for determining the form of a defense contract with the organization, individual in one of the two methods: direct order or the bidding organization. The contract is valid when granted the authority to approve under the current regulation.

3. The contract content must ensure the correct type, quantity, technical designation of goods and services, and must be consistent with the content defined under the Certificate of Qualified Certificate of Defence Industrial Activity.

4. After the signing of the defence contract, the agency, the report of the report sent back to the Department of Defense ' s subordinate management authority to aggregate management, follow the process of execution.

What? 14. Product warranty and warranty

1. The recovery, contract liquation by the agency, the unit of the defense contract conducted with the organization, personally under the terms of the signed Defense Contract.

2. Organization, individual is the owner of the product that is responsible for the warranty of the product over time of regulation in the National Defence Contract and in accordance with the rule of law.

Chapter IV

REPORT MODE, INSPECTOR, NATIONAL DEFENSE INDUSTRY TEST.

What? 15. Report Mode

1. Total Defence Industry:

a) The implementation of the annual Department of Defense report on the situation in defence of the defence industry;

b) The report of the sudden or report at the request of the Minister of Defense.

2. Defense Ministry Direct Management Agency:

a) A joint report of the Department of Military Affairs of the Ministry of Defense of the Ministry of Defense approx plans for mobiling of mobiles to participate in the defence industry;

b) The National Defence Industry Directorate's report needs to participate in a defense industry that has been approved for total management, inspection in the implementation process.

3. Agency, unit with the need for mobiles to participate in the defense industry operation and to be tasked with signing the defense contract:

a) Report on the Department of Defense of the Ministry of Defense on the planning of the mobiling needs to participate in the defence industry.

b) Perform periodic reporting mode with the upper-level management body of the Ministry of Defense and the Directorate of Defence Industry. The report breaks out when there is a request from the authorities or the Minister of Defense.

4. Organization, individual engaged in defense industry activity:

Implementing a periodic report mode with the contracting body and the report of a sudden when required by the Department of Defense authorities.

5. Report Form: By text.

a) A periodic report:

-Six-month report: 25 to 6 every year;

-Report the year: before 20/12 every year.

b)

-When a problem is resolved: seven days after the incident.

-At the request of the governing body in case of necessity.

6. Content Report:

The situation report participated in the National Defense Activity (Form reported in Annex IV).

What? 16. Inspector Mode

The Department of Defense chaired the coordination of relevant agencies for the implementation of the contract implementation process for the organization, personally involved in defence and agency activities, the contracting unit under the rule of law.

What? 17. Test Mode

The Directorate of Defence Industry is coordinating with the ministries, and the relevant sector is responsible for the organization's defence of the organization's defense industry, the individual participating in the defence industry.

1. Test regularly performs at least once every two years; check out the breakthrough at the direction of the Minister of Defense.

2. The examination of the deployment of the National Defence Industrial Activity according to the Certificate; the Defence Contract has signed and other regulations are relevant of the State and the Ministry of Defense.

Chapter V.

AGENCY ' S MISSION, UNIT.

What? 18. The mission of the National Defence Industry Directorate

1. Attend to help the Ministry of Defense to implement state management of the defence industry of the agencies, units, organizations, individuals within the country.

2. Coordinate with the Ministry of Commerce announcing the need to mobilize the defence industry to the organization, the individual.

3. The Chair of the appraisal and granting the certificate to the organization, the individual is eligible to participate in the defence industry.

4. Announces the Organizational List, personally eligible for a defense industry operation with the Ministry of Commerce.

5. Host the construction of the regulation of administrative violations in the area of the defence industry of organizations, individuals according to this Information.

6. The organization examines the defense industry of organizations, individuals; criminal violations by regulation.

7. Certificate management, Certificate of Certification Certification.

8. Make a prescribed report mode.

What? 19. The mission of the Bureau of Planning and Investment

1. Chair in coordination with the agencies involved in the construction of the budget allocation project under the mobiling task of participating in the defence industry of the agencies, the Defense Ministry program decided.

2. Participate in the appraisal, check out the defense industry of organizations, individuals.

3. Directed, Guide to Investment Management in the field of defense industry.

What? 20. Financial Bureau mission

1. The planning base on the need for mobiling to participate in the defence industry has been approved by the Secretary of Defense. Co-ordination with the Directorate of Defence Industry and the authorities in securing the budget for the duties of the defence industry.

2. Chair in coordination with the relevant agencies the defense of the defense of the Ministry of Defense of the decision and management of the price of defence products in defence industry.

3. Directed by, check out, guide the management of the budget, capital, property ... used in the defense industry operation.

4. Procurement Management, the cost of the certification level certification.

What? 21. The mission of the agency and the unit directly under the Ministry of Defense

1. Every year defines and planning the need for mobiling mobiles to participate in the defense industry sent to the Department of General Forces, reports the Minister of Defense approv.

2. Perform the functions according to the function and assignment of the Chair of the appraisal Council when joining the Board of Appraisal of the Certificate of Certification.

3. Join the inspector, check out the agencies, units and organizations, personally on the implementation of the defense contract in the field of management.

What? 22. The mission of the agencies, the unit has the need to mobilize the defense industry operation and be tasked with signing the defense contract.

1. annually identify and plan the need for mobiling to participate in the defence industry, report the management agency on the aggregation of the Department of Defense of the Defense Ministers approved by the Department of Defense.

2. The organization signs and exercises the defense contract with the organization, the individual is eligible to participate in the defence industry.

3. Make a prescribed report mode.

What? 23. The mission of the organization, the individual involved in defense industry.

1. Accept the content under the provisions of the Defense and Private Industrial Ordination.

2. Do the reporting regime and bear the examination, the inspector according to the rule of law.

3. Manage Certificate Certificate and implementation of a Certificate of Certification Certification for the Prescribed Certificate.

Chapter VI

EXECUTION CLAUSE

What? 24.

This message is valid for 45 days from the date of the signing.

What? 25.

The Chief of Staff, Chairman of the General Affairs, the Head of the UN-affiliated unit of the Ministry of Defense within the functional, task range, the authority to coordinate the guidance of this information.

The Director of the National Defence Industry is responsible for the organization's implementation of the ./.

KT. MINISTER.
Chief Minister.

(signed)

Zhang Quang