Thông tư liên tịch 05/2002/TTLT-BKHCNMT-BTCCBP

JOINT CIRCULAR

GUIDING THE FUNCTIONS, TASKS AND POWERS OF THE AGENCIES MANAGING SCIENCE, TECHNOLOGY AND ENVIRONMENT IN LOCALITIES

Pursuant to the Law on Organization of the Government of December 25, 2001;
Pursuant to the Law on Science and Technology of June 9, 2000;
Pursuant to the Law on Environmental Protection of December 27, 1993;
Pursuant to the Law on Organization of the People's Councils and People's Committees of June 21, 1994;
Pursuant to the Government's Decree No. 181/CP of November 9, 1994 on the tasks, powers and organizational apparatus of the Government Commission for Organization and Personnel;
Pursuant to the Government's Decree No. 22/CP of May 22, 1993 on the tasks, powers and organizational apparatus of the Ministry of Science, Technology and Environment;
Pursuant to the Government's Decree No. 12/2001/ND-CP of March 27, 2001 on reorganizing a number of specialized agencies under the People's Committees of the provinces and centrally-run cities and the People's Committees of the rural and urban districts, provincial capitals and cities;
The Ministry of Science, Technology and Environment and the Government Commission for Organization and Personnel hereby jointly provide guidance on the functions, tasks and powers of the agencies managing science, technology and environment in localities as follows:

I. THE AGENCIES MANAGING SCIENCE, TECHNOLOGY AND ENVIRONMENT IN PROVINCES AND CENTRALLY-RUN CITIES

The agencies managing science, technology and environment in provinces and centrally-run cities are provincial/municipal Science, Technology and Environment Services.

A. FUNCTIONS OF THE PROVINCIAL/MUNICIPAL SCIENCE, TECHNOLOGY AND ENVIRONMENT SERVICES

The provincial/municipal Science, Technology and Environment Services are specialized agencies under the provincial/municipal (hereinafter referred collectively to as provincial) People's Committees, which shall assist the provincial People's Committees in performing the function of State management over science, technology and environment in the provinces according to law provisions.

The provincial/municipal Science, Technology and Environment Services shall be subject to the management of the provincial People's Committees in terms of organization, payroll and operation, and at the same time, submit to professional direction, guidance and inspection of the Ministry of Science, Technology and Environment.

B. TASKS AND POWERS OF THE PROVINCIAL/MUNICIPAL SCIENCE, TECHNOLOGY AND ENVIRONMENT SERVICES

1. To study and submit to the presidents of the provincial People's Committees the materialization of the State's regimes, policies and laws on science, technology and environment, suited to the conditions of the localities;

2. To formulate and submit to the presidents of the provincial People's Committees for decision the tasks, programs and plans on scientific and technological development, as well as environmental protection in line with the orientations for socio-economic development of the localities;

3. To guide other services, departments as well as local scientific and technological organizations in formulating plans on the research into and application of technical advances to production and life; to organize the determination of scientific and technological tasks and select individuals and/or organizations to assume the prime responsibility in performing such tasks; to organize the evaluation and pre-acceptance tests of scientific and technological tasks, and synthesize and submit them to the provincial People's Committees for the latter to decide, monitor and inspect the deployment of scientific and technological plans;

4. To manage technology transfer activities, take part in the technological and environmental appraisal for important investment projects in the provinces. To monitor and guide the evaluation of technological levels of the local economic organizations;

5. To work out inspection plans and propose measures to protect local environment according to law provisions. To monitor and coordinate with various branches in applying measures for environmental protection in the provinces. To assume the prime responsibility in appraising or give comments on environmental impact assessment reports of investment projects, which fall under the jurisdiction of the provinces. To inspect and monitor environmental developments in the localities according to the guidance of the Ministry of Science, Technology and Environment;

6. To manage the work of standardization, measurement and quality according to law provisions and the management decentralization by the Ministry of Science, Technology and Environment;

7. To manage activities relating to inventions and protection of industrial property rights according to the provisions of laws and the guidance of the Ministry of Science, Technology and Environment;

8. To formulate, manage and use efficiently the resources of information and documents on science, technology and environment in the provinces.

9. To manage radiation safety and control in the provinces;

10. To inspect and examine the observance of policies and legislation on science, technology and environment by organizations and individuals of all economic sectors in the provinces according to law provisions. To handle violations of legislation on science, technology and environment according to their competence or submit them to competent authorities for handling. To receive and settle complaints and denunciations in the field of science, technology and environment in the provinces according to law provisions;

11. To consider and grant certificates of registration of scientific and technological activities to research and development organizations of all economic sectors in the provinces according to the State’s decentralization and regulations;

12. To act as the standing body of the provincial Councils for Sciences and Technologies; to assist the provincial People's Committees in setting up Councils for determination of scientific and technological tasks, Councils for selection of organizations and/or individuals to perform scientific and technological tasks and Specialized Scientific and Technological Councils for evaluation and pre-acceptance test of scientific and technological tasks;

13. To manage scientific and technological organizations under the Services;

14. To direct and provide professional guidance to science, technology and environment-managing agencies of rural and urban districts, provincial capitals and cities;

15. To guide the formulation of the annual plans and planning on training and fostering scientific, technological and environmental officials of the provinces;

16. To make bi-annual, annual reports and extraordinary reports on the management of scientific, technological and environmental protection activities and send them to the presidents of the provincial People's Committees and the Minister of Science, Technology and Environment.

17. To manage the organization, officials, employees, finance and properties of the Services according to the decentralization by the provincial People's Committees and the State's regulations.

C. ORGANIZATION AND PAYROLL OF THE PROVINCIAL/MUNICIPAL SCIENCE, TECHNOLOGY AND ENVIRONMENT SERVICES

1. Organization

a) A provincial/municipal Science, Technology and Environment Service shall have a director and a number of deputy-directors. The director shall be the head of the Service, bears responsibility before the People's Council and the president of the provincial People's Committee for the work of science, technology and environment in the province. The deputy-directors shall assist the director in carrying out one or several tasks assigned by the director.

The appointment, removal from office and dismissal of the Service’s director and deputy directors shall be decided by the president of the provincial People's Committee according to the criteria prescribed for such titles and the procedures prescribed by the Party and State.

b) State management units:

The organizational apparatus assisting the Service's director shall be composed of:

- The Office

- The Inspectorate

- The Sub-department of Standardization, Measurement and Quality

- Professional sections.

Depending on the volume and specific nature and characteristics of the scientific, technological and environmental work of the localities, the directors of the provincial/municipal Science, Technology and Environment Services shall submit to the presidents of the provincial People's Committees for decision the number of professional sections which, however, must not exceed three.

c) Non-business units:

- Information-Documentation Center

- Center for application of scientific and technological advances.

The presidents of the provincial People's Committees shall base themselves on the guidance of the Minister of Science, Technology and Environment on the functions and tasks of the above-mentioned non-business units and scientific and technological development in the localities to decide the establishment of these non-business units. The mechanism for the operation of these non-business units shall comply with law provisions.

The directors of the provincial/municipal Science, Technology and Environment Services shall detail the functions and powers of their attached units.

2. Payroll of the Services

Depending on the specific nature, characteristics and volume of scientific, technological and, environmental work of the localities, the heads of the local Administration-Organization Committees shall assume the prime responsibility and coordinate with the directors of the provincial/municipal Science, Technology and Environment Services in submitting to the presidents of the provincial People’s Committees for decision on the Services’ payroll within the payroll for State management and non-business scientific activities assigned to the provinces by the Government.

The arrangement of the Services' officials and employees must be based on the officials' titles, criteria and ranks prescribed by laws.

II. THE TASK OF STATE MANAGEMENT OVER SCIENCE, TECHNOLOGY AND ENVIRONMENT IN RURAL AND URBAN DISTRICTS, PROVINCIAL CAPITALS AND CITIES (hereinafter called districts)

A. THE TASK OF STATE MANAGEMENT OVER SCIENCE, TECHNOLOGY AND ENVIRONMENT IN THE DISTRICTS

1. To organize the realization of State regimes, policies and laws on science, technology and environmental protection in the districts;

2. To disseminate to and help functional agencies in the districts as well as communes, wards and townships grasp thoroughly legal documents on scientific and technological management, and environmental protection;

3. To formulate plans on scientific and technological activities and propose solutions on environmental protection in the districts for submission to competent authorities for approval;

4. To select scientific and technological advances as well as research results of central and local scientific agencies for application to production and life in a way suitable to the conditions of the districts;

5. To monitor, inspect and urge the enforcement of law provisions on environmental protection, detect and coordinate with the inspectorate in handling violations according to their competence or report them to the provincial/municipal Science, Technology and Environment Services for the latter to work out handling measures;

6. To manage the work of standardization, measurement and quality according to law provisions and the guidance of the provincial/municipal Science, Technology and Environment Services;

7. To organize information and propagation activities, with a view to raising the awareness on science, technology and environmental protection in the districts and boosting the movement of making inventions, technical modification and applying technical advances to production and life;

8. To coordinate with the Inspectorate of the provincial/municipal Science, Technology and Environment Services in inspecting the observance of policies and legislation on science, technology and environment by organizations and individuals of all economic sectors in the districts;

9. To make bi-annual, annual and extraordinary reports on the management of scientific, technological, and environmental protection activities and send them to the directors of the provincial/municipal Science, Technology and Environment Services.

B. ORGANIZATION AND PAYROLL

Pursuant to Clause 3, Article 1 of the Government's Decree No. 12/2001/ND-CP and depending on the characteristics and conditions of the localities, the presidents of the provincial People's Committees shall decide on the suitable organization of the agencies managing science, technology and environment in the districts. The agencies assigned the task of managing science, technology and environment in the districts shall, apart from assisting the district People's Committees in performing the State management contents prescribed in Section A, Part II of this Circular, also act as the standing body of the district Councils for Sciences and Technologies; assist the presidents of the district People's Committees in setting up the Councils for determination of scientific and technological tasks, the Council for selection of organizations and individuals to perform scientific and technological tasks and Specialized Scientific and Technological Councils for evaluation and pre-acceptance test of the results of implementation of scientific and technological tasks.

Payroll of the staff performing the management over science, technology and environment in the districts shall be decided by the presidents of the district People's committees within the assigned total payroll.

III. IMPLEMENTATION PROVISIONS

This Joint-Circular replaces Circular No. 1450/LB-TT of September 6, 1993 of the Ministry of Science, Technology and Environment and the Government Commission for Organization and Personnel and takes effect 15 days after its signing.

The presidents of the provincial People’s Committees shall base themselves on this Circular to prescribe in detail the functions, tasks, powers, organization and payroll of the provincial/municipal Science, Technology and Environment Services and the district-level agencies managing science, technology and environment.

In the course of implementation, if any problems, difficulties or troubles arise, they must be timely reported to the Ministry of Science, Technology and Environment and the Government Commission for Organization and Personnel for study and settlement.