Nghị định 22-CP

DECREE

ON DUTIES, POWERS AND ORGANIZATIONAL STRUCTURE OF THE MINISTRY OF SCIENCE, TECHNOLOGY AND ENVIRONMENT

THE GOVERNMENT

- Pursuant to the Law on Organization of the Government dated September30, 1992 ;
- Pursuant to Government Decree No. 15-CP dated 2 March 1993 on duties,powers and responsibilities for exercising State management of the Ministries andMinisterial-level Offices ;
- In consideration of the proposals of the Minister of Science,Technology and Environment and the Minister-Head of the Government Committee onOrganization and Personnel,

DECREES:

Article 1. The Ministry of Science Technology and Environment is aGovernment agency which exercises State management over activities relating to scientificresearch, technological development, standardization, industrial property andenvironmental protection in the whole country.

Article 2. The Ministry of Science, Technology and Environment hasthe duties and powers and State management responsibilities as stipulated in Chapter II,Decree 15-CP dated March 2, 1993 by the Government. They are:

1. Regarding the scientific research :

a. Drawing up for submission to the Government the key programmes andprojects on scientific research of the State, 5-year and annual plans regarding scientificresearch ; providing guidance and supervising organization for the implementation of suchprogrammes, projects and plans upon obtaining the approvals ;

b. Promulgating regulations on management of scientific researchprogrammes and projects ;

c. Providing guidance and direction to the relevant branches,localities and Science Organization to prepare their scientific research programmes andprojects;

d. Organizing researches into management over activities relating toscience, technology and environment and strategy for scientific and technologicaldevelopment.

2. Regarding the technological development:

a. Drawing up for submission to the Government the key State projectson technological development, the 5-year plans and annual plans for development oftechnology ;

b. Proposing to the Government a list of technological processes to begiven priority for development and importation, or to be restricted to or suspended fromimportation ;

c. Drafting for submission to the Government regulations on technologytransfer and supervising the compliance of the same in the whole country.

Organizing State-level technological assessment in respect of the keyinvestment projects in accordance with the relevant stipulations of the Government andguiding the concerned branches and localities in this work.

Providing guidance to the concerned branches and localities inevaluating technological standards ;

d. Participating in assessments and approval of any projects concerningthe development of branches and localities, as well as feasibility studies of keyprojects;

e. Drawing up and promulgating regulations on technical managementapplicable to the relevant branches and localities; supervising the implementation of suchregulations.

3. Regarding the environmental protection:

a. Drafting policies, rules and regulations on environmental protectionto be submitted to the Government for promulgation or promulgating the same within itsauthority.

Organizing the implementation of national plans on environment andsustainable development which have been approved by the Government ;

b. Organizing the assessment of environmental protection measuresrequired of the key projects for socio-economic development before the proposals for suchprojects are submitted to the Government for decision ;

c. Providing professional guidance to the relevant branches andlocalities on management of environmental protection. Coordinating with the massassociations in organizing and directing mass campaigns/activities for environmentalprotection.

4. Regarding standardization, gauge and quality :

a. Being mainly responsible for coordinating with the concernedagencies in building Vietnamese standards, providing guidance for the relevant branchesand localities in drawing up standards applicable to their branches and localities ;

b. Drawing up and developing Vietnam's national gauge standard system,and exercises management over the national gauge standards;

c. Providing professional guidance to the relevant branches andlocalities in respect of gauge and quality control of product and commodity applicable tothe relevant branches, localities and units. Coordinating with the relevant branches inorganization of training and improving the professional skills of the branch's cadres inrespect of standardization and gauge quality ;

d. Organizing a State network for gauge verification. Implementing andguiding the verification of gauge standards and equipment. Approving the capacity forgauge verification of the relevant offices at various levels, approving samples before thegranting of permit by competent authority to the import or export of gauge equipment ;

e. Organizing registration of goods quality and issuing certificatesfor quality registration, compliance with Vietnamese standards, approving laboratories fortesting goods quality, organizing examination at State level for quality of exported/imported goods in accordance with the Government stipulations.

5. Regarding industrial property :

a. Carrying out various measures for protecting the interests of theState, as well as of other organizations and individuals in the area of industrialproperty ;

b. Receiving and reviewing applications for protection of industrialproperty rights, issuing certificates for such protection or operation permits torepresentatives of industrial property ;

c. Setting up and making the best use from the operations of theinformation centers for industrial property. Selecting innovations, utility solutions andinventions and recommending their employment.

d. Giving professional guidance regarding industrial property tovarious branches, localities and units.

6. Regarding management of scientific and technological resources:

a. Exercising State management over scientific -technologicalorganizations of any economic sectors. Providing professional guidance to local offices incharge of scientific, technological and environmental management;

b. Recommending to the Government policies and directions on providingtraining to postgraduates, fostering a contingent of cadres for management of science andtechnology and properly employing the same irrespective of economic sectors, includingoverseas Vietnamese intellectuals.

Building a data base in respect of cadres working in the field ofscience and technology in the whole country. Making periodical analysis and qualityevaluation of scientific cadres of the country and recommending policies and solutionswhen necessary.

Providing training and improvement of professional skills for managersof science, technology and environment ;

c. Recommending to the Government any policies and measures encouragingscience, technology and environment financing to be provided by all economic sectors,social organizations and individuals ;

d. Preparing, managing and effectively using all sources of scientific,technological and environmental information. Exercising State management over activitiesof conferences, workshops on and information exchanges regarding science, technology andenvironment;

7. Functioning as an executive office for the National Council forScientific and Technological Policies, and the Council for Mineral Reserves.

Article 3. The organizational structure of the Ministry of Science,Technology and Environment is composed of :

I. BODIES ASSISTING THE MINISTER IN EXERCISING STATE MANAGEMENT :

1. The Department for Research and Application ;

2. The Department for Technological Development ;

3. The Department for Planning and Finance ;

4. The Department for International Relations ;

5. The Department for Organization-Personnel ;

6. The General Department for Standardization, Gauge and Quality ;

7. The Department for Industrial Property ;

8. The Department for Environment ;

9. The Inspection of the Ministry ;

10. The Office of the Ministry.

II. NON-PROFIT ORGANIZATIONS :

1. The Institute for Scientific and Technological Forecast and Strategies ;

2. The Institute for Management of Science and Technology ;

3. The National Centre for Scientific and Technological Information and Documents ;

4. The Scientific Activities Magazine.

Article 4. This Decree comes into force as from the date of its promulgation. Decree No.192-CP dated October 13, 1975 by the Government Council and other previous stipulations which are in contrary to this Decree, shall be annulled.

Article 5. The Minister of Science, Technology and Environment, the Ministers, the Heads of the Ministerial-level Agencies and other offices under the Government and the Presidents of the People's Committees of the provinces andcentrally-ruled cities are responsible for the implementation of this Decree.