Quyết định 54/1998/QD-TTg

DECISION

ISSUING THE REGULATION ON MANAGEMENT AND EXECUTION OF TECHNO-ECONOMIC PROGRAMS FOR INFORMATION TECHNOLOGY, BIOLOGICAL TECHNOLOGY, MATERIALS TECHNOLOGY AND AUTOMATION TECHNOLOGY

THE PRIME MINISTER

Pursuant to the Law on Organization of the Government of September 30, 1992;
Pursuant to the Government's Resolution No.49-CP of August 4, 1993 on the development of the Information Technology, Resolution No.18-CP of March 11, 1994 on the development of the Biological Technology, Resolution No.88-CP of December 31, 1996 on the development of the Materials Science and Technology and Resolution No.27-CP of March 28, 1997 on the application and development of the Automation Technology in service of the national industrialization and modernization;
Pursuant to Decision No.531-TTg of August 8, 1996 of the Prime Minister on the management of national programs;
At the proposal of the Minister of Science, Technology and Environment,

DECIDES:

Article 1.- To issue together with this Decision the Regulation on Management and Execution of Techno-Economic Programs for development and application of Information Technology, Biological Technology, Materials Technology and Automation Technology in service of the national industrialization and modernization.

Article 2.- This Decision takes effect 15 days after its signing.

Article 3.- The ministers of ministries in charge of techno-economic programs, who are at the same time managers of such programs, the other ministers, the heads of the ministerial-level agencies , the heads of the agencies attached to the Government and the presidents of the People's Committees of the provinces and cities directly under the Central Government shall have to implement this Decision.

THE REGULATION

ON MANAGEMENT AND EXECUTION OF TECHNO-ECONOMIC PROGRAMS FOR INFORMATION TECHNOLOGY, BIOLOGICAL TECHNOLOGY, MATERIALS TECHNOLOGY AND AUTOMATION TECHNOLOGY

(Issued together with Decision No.54/1998/QD-TTg of March 3, 1998 of the Prime Minister)

I. GENERAL PROVISIONS

Article 1.- Techno-economic programs (hereafter referred to as the programs) constitute a comprehensive system of scientific-technological-production activities, investment policies and measure, with technology being the motive force for development so as to achieve the set economic targets.

The programs must create technological capabilities strong enough to ensure the competitiveness of the main products or technologies and play the key role in the national industrialization and modernization.

This Regulation shall apply to the Techno-Economic Programs for Information Technology, Biological Technology, Materials Technology and Automation Technology.

Article 2.- A program shall consist of various techno-economic projects aimed to achieve objectives set for each period and the overall objectives of the program. Subject to the management shall be the program's objectives and investment plans to be implemented through projects.

A project of the program is an assortment of activities to perform a particular task in order to achieve one or several specific objectives clearly set forth in the program with a given fund and within a prescribed duration.

The general content of the program shall include the scientific and technological activities of the techno-economic projects, the building of scientific and technological capabilities, the formulation of policies and pre-feasibility studies of projects on the manufacture of the main products, in order to achieve objectives of the program.

The responsibility for investment in the manufacture of main products according to the program's orientation shall rest with enterprises. The State shall support enterprises through its preferential treatment policies and may partly provide capital supports from its budget. The capital supports from the State budget shall be determined and added to the fund for application of technical advances and new technologies to production. The enterprises shall also be provided with scientific-technological supports (technological consultancy, technology transfer, personnel training, establishment of scientific-technological institutions...).

Article 3.- The management boards of the programs shall be established by decisions of the Prime Minister and responsible for formulation, direction of implementation, management and efficient operation of such programs. The programs shall exist throughout the period of national industrialization and modernization and be formulated on the principle of openness, and can be readjusted and supplemented in cases where the conditions for funding or objectives of the programs change. The programs shall be divided into phases and incorporated into five-year and annual plans of the State.

II. FORMULATION OF THE PROGRAM

Article 4.- On the basis of the Socio-Economic Development Strategy and the Scientific-Technological Development Strategy till the Year 2020, the management boards of the programs shall organize the formulation of overall plans till the year 2020, aimed to achieve the common objective of national industrialization and modernization and dispersed into specific objectives to be achieved in each five-year period. In the immediate future, the programs' objectives to be achieved in the 1998-2005 period must be set.

Article 5.- Steps of determining the contents of the programs include:

- Evaluating the actual situation of the fields to be addressed by the programs;

- Setting long-term and short-term objectives of the programs, and the basic norms that must be achieved within a given period of time;

- Selecting main products and technologies for the manufacture of the selected products;

- Developing scientific-technological resources in association with the orientation of developing the main products;

- Studying and drawing up pre-feasibility projects for the manufacture of the main products;

- Determining the total capital and mode of mobilizing capital from various sources for the programs, which shall be divided into annual capitals;

- Devising policies and measures to ensure the implementation of the programs and organizing the manufacture of the main products;

- Elaborating plans and timetable for implementing the programs and assigning the tasks thereof;

- Integrating the tasks of the four programs to be implemented in the same locality;

- Developing international co-operation.

Article 6.- Basing themselves on the objectives and contents of the programs already approved by the Prime Minister, the ministries, the State corporations, the provinces and cities directly under the Central Government shall draw up and approve techno-economic projects in accordance with the current regulations, which shall serve as basis for consideration and arrangement of plans. The investment plans of projects must be incorporated into socio-economic development plans of such ministries, State corporations, provinces and cities directly under the Central Government.

Article 7.- In the course of elaboration of annual and five-year plans, if the conditions for funding or the objectives of the programs change, the management board of each program shall submit to the Prime Minister the following contents:

- The evaluation of the program parts which have already been implemented;

- The necessity of and reasons for the adjustment;

- The contents of adjustment.

The Ministry of Planning and Investment shall assume the prime responsibility and coordinate with the Ministry of Science, Technology and Environment and the Ministry of Finance in organizing the evaluation of the to-be adjusted contents before submitting them to the Prime Minister for consideration and decision.

III. THE MECHANISM FOR EXECUTION OF THE PROGRAMS

Article 8.- The minister of the ministry in charge of a program who is at the same time manager of such program shall be responsible to the Prime Minister for the formulation, direction of implementation, management and efficient operation of the program.

Article 9.- The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government and the presidents of the People's Committees of the provinces and cities directly under the Central Government taking part in the programs shall be responsible for the formulation, organization of implementation, management and efficiency of the projects assigned to them and periodically report to the managers of the programs on the implementation thereof.

Article 10.- The tasks, powers and organizational structure of the office of the management board of a program:

1. The manager of the program shall be responsible to the Prime Minister for all activities of the program.

The standing deputy-manager shall assist the manager in drawing up plans, directing and running the program and representing the manager to handle regular activities of the program.

The members of the management board of the program shall have to perform tasks assigned by the management board.

2. Each management board shall have its assisting office which shall be located at the ministry in charge of the program, entitled to use the seal and bank account of such ministry. The specific functions of the office shall be defined by the minister of the ministry in charge of the techno-economic program, who is at the same time the manager of such program.

3. The management boards of the programs shall have the following tasks and powers:

- To draw up the overall plans, five-year and annual plans for the implementation of the programs, then submit them to the Prime Minister for approval and organize the implementation of such plans, including the evaluation, approval and allocation of funds for projects of ministries, branches and localities taking part in the performance of tasks of the programs.

- To oversee, guide and inspect the implementation of projects of ministries, branches and localities; to handle according to their jurisdiction or propose the Prime Minister to handle matters arising in the course of implementation of the programs.

- To coordinate with the concerned agencies in devising policies, regimes and measures for the implementation of the programs, then submit them to the Prime Minister for promulgation. To issue documents guiding the implementation of the Government's regulations and inspect such implementation.

- To oversee and inspect the operations of the enterprises manufacturing products according to the programs' orientation; to provide consultancy to the State functional bodies on the application of preferential regimes to the enterprises manufacturing the main products; to provide scientific-technological assistance for enterprises;

- To periodically report on the implementation of the programs and coordinate with the concerned agencies in evaluating and accepting the results of the programs' implementation.

IV. THE MECHANISM FOR MANAGEMENT OF THE PROGRAMS

Article 11.- The Ministry of Science, Technology and Environment shall have the tasks:

- To act as a coordinator to assist the Government in monitoring and summing up the situation of formulating and implementing the four programs; to coordinate with the Ministry of Planning and Investment and the Ministry of Finance in managing, inspecting and evaluating the implementation of the programs; to make quarterly and yearly reports to the Prime Minister; to detect difficulties and problems arising in the course of implementation of the programs and propose to the Prime Minister measures for timely handling.

- To assume prime responsibility and coordinate with the Ministry of Planning and Investment in methodologically guiding the formulation of programs, the incorporation of contents of the Scientific-Technological Development Strategy and scientific and technological activities into the programs, and to propose to the Prime Minister for promulgation the policies, measures and management mechanism to be collectively applied to all four programs.

- To assume the prime responsibility and coordinate with the Ministry of Planning and Investment, the Ministry of Finance and the concerned ministries, branches and localities in evaluating and accepting the results of implementation of the programs for each five-year period.

Article 12.- The Ministry of Planning and Investment shall have the tasks:

- To assume the prime responsibility and coordinate with the Ministry of Science, Technology and Environment, the Ministry of Finance and the concerned ministries, branches and localities in organizing the evaluation of the overall plans and five-year plans of the programs, then submit them to the Prime Minister for consideration before they are adopted by the National Assembly.

- To assume prime responsibility and coordinate with the Ministry of Science, Technology and Environment and the Ministry of Finance in summing up the objectives and tasks of the programs and proposing the allocation of resources to ensure the fulfillment of the objectives and tasks of the programs within each planning period.

Article 13.- The Ministry of Finance shall have the tasks:

- To assume the prime responsibility and coordinate with the Ministry of Planning and Investment and the Ministry of Science, Technology and Environment in planning the State budget allocations to the programs within the total State budget estimates, then submit them to the Government for consideration before they are submitted to the National Assembly for adoption.

- To allocate fund to each approved program and project according to plan; to guide and inspect the ministries in charge of the programs in the observance of the current financial and accounting regulations. To make a sum-up report on the annual fund allocation for each program and ratify the final settlement of expenditures for the program and the completed projects, submitting it to the Prime Minister and at the same time to the Ministry of Planning and Investment and the Ministry of Science, Technology and Environment.

Article 14.- The ministries in charge of programs shall have the tasks:

- Each year, under the plan elaboration guidance of the Ministry of Planning and Investment and the Ministry of Finance, the ministries in charge of the programs shall evaluate the performance in the year, sum-up reports and propose the requirements related to objectives, tasks and resources for the plan year of the programs, including the capital from the State budget (capital for capital construction, non-business capital, borrowed capital and aid from foreign governments), domestic and foreign credit capital, and self-acquired capital of the units taking part in the implementation of the programs,...then send them to the Ministry of Planning and Investment, the Ministry of Finance and the Ministry of Science, Technology and Environment.

- After being informed by the Ministry of Finance of the total fund for the programs, the ministries in charge of the programs shall assume the prime responsibility and coordinate with the Ministry of Finance, the Ministry of Planning and Investment and the Ministry of Science, Technology and Environment in allocating the expenditure estimates for the programs according to the objectives and tasks assigned to the ministries, branches and localities; and send them to the Ministry of Finance, the Ministry of Planning and Investment and the Ministry of Science, Technology and Environment for incorporation into the plan of each ministry, branch or locality for submission to the Prime Minister before plan quotas are assigned.

- The ministries in charge of programs shall have to manage, execute and efficiently use the funds for the programs and make quarterly and yearly reports on the use of such funds to the financial agencies of the same level for monitoring, allocating and inspecting purposes.

- To coordinate with the concerned ministries, branches and localities in evaluating and accepting the results of the annual implementation of the programs and make sum-up reports on the completion of the programs, then submit them to the Prime Minister.

Article 15.- The sources of the programs' funds and the mechanism for allocation and management thereof shall be effected as follows:

The State budget allocations for the programs shall be channeled from the central budget. For projects directly managed by ministries and branches, the Ministry of Finance shall directly allocate funds to such ministries and branches for implementation thereof. Funds for projects managed by localities shall be allocated through the provincial/municipal Finance and Pricing Departments. Projects using capital construction fund, domestic or foreign credit capital, aid capital (both refundable and non-refundable) shall be carried out in accordance with the current regulations on the management of such capital sources.

The management of expenditure; and the final settlement of funds for the programs shall comply with Decision No.531-TTg of August 8, 1996 of the Prime Minister on the management of national programs and documents guiding the implementation of this Decision.