DECREE

ON THE ORGANIZATION AND OPERATION OF THE SCIENCE AND TECHNOLOGY INSPECTORATE

THE GOVERMENT

Pursuant to the Law on Organization of the Government of December 25, 2001;
Pursuant to the Inspection Law of June 15, 2004;
Pursuant to the Ordinance on the Handling of administrative violation of July 2, 2002;
At the proposal of the Minister of Science and Technology,

DECREES

Chapter I

GENERAL PROVISIONS

Article 1. Position and function of the Science and Technology Inspectorate Science and Technology Inspectorate is an inspection organization in specialized branches and domains conducting the functions of administration inspection and specialized inspection within the scope of State management of Ministry of Science and Technology, Departments of Science and Technology (hereinafter called field of science and technology) as stipulated by the laws.

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1. Bodies, organizations and individuals under the direct management of State regulatory body in the field of science and technology.

2. Vietnamese and foreign bodies, organizations and individuals in Vietnam who participate in the activities within the scope of state management of Regulatory body on science and technology.

In case of international treaties, which Vietnam has signed or acceded to, stipulate differently, these international treaties shall be applied.

Article 3. Operation principles of Science and Technology Inspectorate

1. Operation of Science and Technology Inspectorate shall have to obey the law, to ensure the precision, honesty, objective, open, democracy and timeliness; it shall not obstruct the normal operations of bodies, organizations and individuals who are subject of inspection, and of concerning bodies, organizations and individuals.

2. When conducting an inspection, person who issue the inspection decision, Head of inspection body, Chief of inspection team, inspector and members of inspection team shall have to obey the regulations of law related to inspection and those of this Decree; they shall have legal responsibility on their own actions and decisions.

Chapter II

ORGANIZATION, FUNCTION, AUTHORITY OF SCIENCE AND TECHNOLOGY INSPECTORATE

Article 4. Organization of Science and Technology Inspectorate

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a) Inspectorate of Ministry of Science and Technology (hereinafter for short referred as Ministry Inspectorate);

b) Inspectorate of Directorate for Standards and Quality, Inspectorate of Vietnam Agency for Radiation and Nuclear Safety & Control (hereinafter call:

“Directorate for Standards and Quality” and “Vietnam Agency for Radiation and Nuclear Safety & Control” as “General Department”; “Director General of Directorate for Standards and Quality” and “Director General of Vietnam Agency for Radiation and Nuclear Safety & Control” as “Director General”; “Inspectorate of Directorate for Standards and Quality” and “Inspectorate of Vietnam Agency for Radiation and Nuclear Safety & Control” as “General Department Inspectorate”);

c) Inspectorate of Department of Science and Technology (hereinafter referred as Department Inspectorate).

2. Science and Technology Inspectorate Bodies shall have their own stamps and bank accounts.

Section 1. MINISTRY INSPECTORATE

Article 5. Position, function, organization of Ministry Inspectorate

1. The Ministry Inspectorate is a body under the Ministry of Science and Technology, responsible for assisting the Minister of Science and Technology in the field of State management in inspection; performing the tasks and authorities of administrative and specialized inspection within the scope of State management of the Ministry of Science and Technology.

The Ministry Inspectorate consists of its own departments, established by the Minister of Science and Technology.

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Chief Inspector shall be appointed, removed from power or dismissed by the Minister of Science and Technology, after discussion with General Inspector. Ministry Vice Chief Inspector shall be appointed, removed from power or dismissed by the Minister of Science and Technology at the proposals of the Chief Inspector. The appointment and dismissal of Inspectors shall be conducted in accordance with the laws.

3. Minister of Science and Technology shall concretely regulate the functions, duties, authorities, organization, personnel and task relationships of the Ministry Inspectorate.

Article 6. Duties and Authorities of Ministry Inspectorate

1. To preside over or to formulate regulatory documents in order to propose to authorized levels for issuance; to petition to authorized levels for modification and supplement or issuance of regulatory documents in accordance with state management requirements on science and technology; to petition to state body and competent persons to suspend the implementation or cancel the regulations, detected by inspection, in contradiction with regulatory documents in field of science and technology.

2. To inspect the implementation of policies, legislations and function of bodies, organizations and individuals under the scope of direct management of Ministry of Science and Technology.

3. To conduct the specialized scientific and technological inspection functions and authorities as prescribed in Article 19 of this Decree.

4. To penalize administrative violation as regulated by the laws on penalizing administrative violation.

5. To assist the Minister in receiving citizens, settling complaint, petitions and denounces in compliance with the laws on appeal and denounce.

6. To conduct the prevention and combat against corruption in accordance with legal regulations on anti-corruption law.

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8. To collect and make reports to the Minister and General Inspector on the results of inspection, settling appeal and denounce, fighting against corruption within the scope of State management of the Ministry.

9. To supervise, verify and speed up the implementation of conclusions, recommendations and decisions of handling on inspection of Ministry

Inspectorate and decision on handling with administration violation of Ministry Chief Inspector.

10. To summarize, draw lessons, build up inspection profession within the administrative scope of Ministry Inspectorate.

11. To convoke personnel of other related bodies and units to participate to Inspection team.

12. To perform other duties and authorities as stipulated by the laws.

Article 7. Tasks and authorities of Ministry Chief Inspector

1. To provide guidance and instructions on inspection work within the scope of State management of Ministry of Science and Technology.

2. To develop inspection programs and plans to submit the Minister to decide and organize the execution of these programs and plans.

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4. To propose the Minister for decisions or make authorized decisions on the establishment of Inspection Teams, assign Inspectors and mobilize collaborative inspectors as stipulated by the laws.

5. To propose the Minister to suspend the implementation of decisions made by individuals and organizations under the direct management of the Ministry when it is evidently proved that the decisions go against the laws or negatively influence inspection work.

6. To deal with administrative violations in accordance with the laws dealing with administrative violations.

7. To propose to the Minister for reviewing the responsibilities and dealing with violators within the competency of the Minister; to cooperate with heads of organizations and sub-units for reviewing the responsibilities and dealing with violators within the competency of the organizations and sub-units.

8. To propose to the Minister for resolutions of inspection problems; and report to General Inspector in the case of failure to have approval.

9. To propose to the Minister for dealing with overlaps and concurrency in inspection programs, plans and contents within the State management of Ministry; to advise the Minister to cooperate with Chairman of the municipal and provincial People Committee (hereinafter referred to as Chairman of People Committee at provincial level) for dealing with overlaps and concurrency in programs, plans and contents on the inspection of science and technology in the territory of cities and provinces under the Centre Government.

10. To follow up, supervise and speed up the execution of results, recommendations and decisions concerning to inspection work within the scope of responsibility of heads of organizations and sub-units under Ministry management.

11. To provide instructions supervise and speed up the execution of regulations and laws on inspection work by heads of decisions organizations and sub-units under the Ministry management; cooperate with organizations and sub-units under the Ministry; to lead a guide the organization and operation of internal inspection of the organizations and sub-units.

12. To report to the Minister and General Inspector on inspection work within his own scope of responsibility.

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14. To perform other duties as stipulated by the laws.

Section 2. GENERAL DEPARTMENT INSPECTORATE

Article 8. Position, functions and organization of General Department Inspectorate

1. General Department Inspectorate is a body under General Department responsible for assisting Director General of the General Department to perform tasks and authorities of administrative and specialized inspection of the General Department within the State regulatory competence decentralized by the Ministry of Science and Technology.

2. General Department Inspectorate consists of Chief Inspector, Vice Chief Inspector and inspectors.

Chief Inspector is appointed, removed from power and dismissed by the Minister of Science and Technology at the proposals of Director General of the General Department after discussion with the Ministry Inspectorate. Vice Chief Inspector is appointed, removed from power and dismissed by Director General of the General Department at the proposals of Ministry Chief Inspector. The assignment and dismissal of inspectors shall be conducted in accordance with the laws.

3. The Minister of Science and Technology shall provide detailed regulations on organization, personnel, tasks and authorities of General Department Inspectorate.

Article 9. Tasks and authorities of General Department Inspectorate

1. To perform the inspection of the compliance of individuals and organizations under the direct management of the General Department to policies, laws and tasks.

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3. To assist the Director General in receiving the citizens and settling complaints, petitions and denounces in compliance with the laws on appeal and denounce.

4. To assist the Director General in preventing and combating against corruption in compliance with legal regulations on anti-corruption laws.

5. To follow, supervise and speed up the implementation of conclusions, recommendations, and resolutions on inspection work of the General Department Inspectorate.

6. To collect and make reports to the Director General and Ministry Chief Inspector on the results of inspection, settling appeal and denounce and conducting the fight against anti-corruption activities within the competence of the General Department.

7. To provide instructions and conduct inspection of bodies under the General Department regarding the execution of legal regulations on inspection work.

8. To review and draw lessons of inspection profession in the field of management of the General Department Inspectorate.

9. To deal with or propose to authorized persons to deal with administrative violation in accordance with laws on dealing with administrative violations.

10. To propose to competent State regulatory body to suspend or terminate the execution of regulations against legal documents on specialized administration of the General Department detected through inspection.

11. To perform other duties as stipulated by the laws.

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1. To lead and provide guidance to inspection work within the State administrative competence of the General Department decentralized by the Ministry.

2. To develop programs, plans for inspection to submit to competent body for approval and organize the execution of such programs and plans.

3. To submit inspection decisions to the Director General when signs of violations of laws on the field under the management of the General Department are detected.

4. To make proposal to Director General to suspend the execution of decisions of an organization under the authority of the General Department when signs of violations of laws are detected.

5. To make proposal to Director General regarding responsibilities and the treatment of the violators within the authority of the General Department.

6. To make proposal to persons competent of dealing with administrative violations in accordance with laws on dealing with administrative violations.

7. To report to Ministry Chief Inspector on the inspection work within the scope and performance of Chief Inspector of General Department.

8. To perform other duties as stipulated by the laws.

Section 3. DEPARTMENT INSPECTORATE

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1. Department Inspectorate is a body under the Department of Science and Technology responsible for assisting Director of the Department of Science and Technology to perform tasks and authorities of administrative and specialized inspection of the Department within the scope and authority of Department Director.

2. Department Inspectorate consists of Chief Inspector, Vice Chief Inspectors and Inspectors. Department Chief Inspector is appointed, removed from power and dismissed by Department Director in agreement with the Provincial Chief Inspector. Department Vice Chief Inspector is appointed, removed from power and dismissed by Department Director at the proposals of Department Chief Inspector. The assignment and dismiss of inspectors shall be conducted in accordance with the laws.

3. Department Director shall provide detailed regulations on functions, tasks, authorities and organization structure of Department Inspectorate. Department Inspectorate staffs shall be decided by Department Director within the Department personnel.

Article 12. Tasks and authorities of Department Inspectorate

1. To perform the inspection of the compliance of individuals and organizations under the direct management of the Department of Science and Technology to policies, laws and tasks.

2. To perform the specialized science and technology inspection of the compliance within the scope of State administration of the Department of Science and Technology.

3. To deal with or propose to authorized persons to deal with administrative violations in accordance with laws on dealing with administrative violations.

4. To perform the tasks of receiving citizens and settling complaints, petitions and denounces in compliance with the laws on appeal and denounce.

5. To perform the tasks of preventing and fighting against corruption in compliance with anti-corruption laws.

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7. To collect and make reports on the inspection, settling complaints, petitions and denounces and conducting the fight against anti-corruption activities within the Department of Science and Technology scope of management.

8. To propose to competent State regulatory bodies or persons to suspend or terminate the execution of regulations against legal documents on science and technology detected through inspection

9. To follow, supervise and speed up the implementation of conclusions, recommendations, and resolutions on inspection work of the Department Inspectorate.

10. To make request to related units and organizations to assign staffs to the Inspection Team.

11. To perform other duties as stipulated by the laws.

Article 13. Tasks and authorities of Department Chief Inspector

1. To lead and provide guidance to inspection work within the State administrative competence of the Department of Science and Technology.

2. To develop programs, plans for inspection to submit to Department Director to seek approval, and organize the execution of such programs and plans.

3. To submit inspection decisions to Department Director when signs of violations of laws are detected.

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5. To deal with administrative violations as stipulated in the laws on dealing with administrative violations.

6. To propose to Department Director to investigate responsibilities and deal with violators within the scope of management of the Department.

7. To make proposals to Department Director to resolve problems on inspection work and to make reports to the Provincial Chief Inspector in the case that the proposals are not accepted, and concurrently to Ministry Chief Inspector of Science and Technology in the case of specialized science and technology inspection.

8. To follow, supervise and speed up the implementation of conclusions, recommendations, and resolutions on inspection work within the authority of the head of bodies and sub-units under the scope of management of the Department.

9. To provide guidance, supervise and speed up heads of bodies and subunits under the scope of management of the Department to execute legal regulations on inspection work.

10. To report to Department Director, Provincial Chief Inspector and Ministry Chief Inspector on inspection work within his scope of management.

11. To conduct inspection and supervise the responsibilities of heads of bodies and sub-units under the Department on the execution of inspection related laws.

12. To perform other duties as stipulated by the laws.

Section 4. RELATIONS AND RESPONSIBILITIES IN ACTIVITES OF MINISTRY OF SCIENCE AND TECHONOLOGY INSPECTORATE

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1. Ministry Inspectorate is subject to the guidance of Minister of Science and Technology and the guidance of Government Inspectorate on performance, organization and operation.

2. General Department Inspectorate is subject to the direct guidance of the director of the Director General and also of Government Inspectorate on performance, organization and operation.

3. Department Inspectorate is subject to direct guidance of Director of Department of Science and Technology, simultaneously is subject to the guidance on administrative performance of Provincial Inspectorate and specialized inspection performance of Ministry Inspectorate.

4. Ministry Inspectorate, within his scope of duties and authorities, is responsible for cooperating with other related agencies in implementing inspection and prevention, detection and handling with violences of laws.

5. Leaders of Public Security, Specialized Inspection Body and other related bodies are responsible for cooperating with Ministry of Science and Technology Inspectorate in prevention, detection and handling with violences of laws in the field of science and technology.

Article 15. Responsibilities of Minister of Science and Technology, Chairmen of Provincial Committees and Directors of Department of Science and Technology in operations of Science and Technology Inspectorate

1. Minister of Science and Technology is responsible for organizing and guiding Science and Technology Inspectorate’s operation in within the scope of management of Ministry; strengthening the organization, mechanism of Ministry Inspectorate and General Department Inspectorate; ensuring equipments, facilities, technique, clothes and conditions for inspection; and timely handling conclusions, recommendations of Ministry Inspectorate as prescribed by the laws.

2. Chairman of Provincial Committee is responsible for guiding directors of Departments of Science and Technology to strengthen the organization and ensure necessary conditions on facilities, technical equipments and clothes for Department Inspectorate.

3. Directors of Departments of Science and Technology are responsible for guiding and ensuring necessary conditions for operation of Department Inspectorate and timely handling Department Inspectorate’s conclusions, recommendations as stipulated by the laws.

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Article 16. Science and technology inspector

1. Science and technology inspector (hereafter for short called Inspector) is governmental official who is assigned to be inspector in Science and Technology Bodies, provided with inspector card and enjoy interests and authorities according to laws.

2. Inspector has to meet conditions and standards stipulated by the Minister of Science and Technology after going to consensus with General Inspector and Minister of Internal Affairs.

3. When conducting inspection, Inspector is responsible for implementing his duties, authorities and responsibilities according to Clause 2 of Article 22 of this Decree and other related legal documents.

Article 17. Science and Technology Inspectorate Collaborator

1. Collaborators of science and technology inspectorate (hereafter called inspection collaborator) are those who have qualification and profession suitable with inspection duties and are summoned by Science and Technology Inspectorate to carry out inspection.

2. Summoning, standards, regulations and responsibilities of collaborator are implemented according to regulations of Minister of Science and Technology and other related legal documents.

Chapter III

OPERATION OF SCIENCE AND TECHNOLOGY INSPECTORATE

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1. To inspect organizations, bodies, individuals under the authority of Chief of regulatory body at the same level in obeying policies, law and assigned tasks.

2. To address all complaints, denouncement as stipulated by the laws.

Article 19. Specialized inspection contents

To inspect organizations, bodies in obeying policies, laws of the State in the field of science and technology including:

1. Scientific research and technology development activities; appliance and dissemination of science and technology results; registration and operation of science and technology organizations; registration, publication, assignment of science and technology results; registration, management and usage of Science and Technology Development Fund; order and presenting of science and technology awards and other activities under the scope of state management on science and technology;

2. Technology transfer; providing and usage of consult services on technology transfer; registration of contract for transferring technology; review, verification and assessment of technology and other activities under the scope of State management on technology transfer;

3. Establishment, protection of industrial ownership, industrial ownership representative and other activities under the scope of State management on industrial ownership.

4. Obeying of laws on technical standards and regulations; certification of quality of products, goods and quality management system; recognition of quality management system of laboratories for testing quality of products, goods and for organizing assessment of quality management system and other activities under the State management on technical standards and quality management of products and goods;

5. Production, trading, import and assessment of measurement equipments; operation of recognized and authorized organizations for verification of measurement equipments and other activities under the scope of State management of measurement.

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7. Inspection, examination for implementation of other legal regulations in field of science and technology.

Article 20. Form of inspection

1. Inspection operation shall be performed by programmed, planned or unscheduled forms.

2. Programmed and planned inspection shall be conducted according to annual and periodical programs and plans approved by competent bodies.

3. Unscheduled inspection shall be performed whenever detecting a legal violation sign of organizations, individuals; by requirement to settle appeal and denounce; or at the proposal of Chief of competent Regulatory Body.

Article 21. Mode of inspection operation

1. The inspection shall be conducted by Inspection Team or Individual inspector mode.

2. Operation of Inspection Team and Inspector shall be stipulated in Inspection Law and other related legal documents.

3. When conducting an inspection, decision shall have to be issued by Head of Science and Technology Inspectorate or Head of Regulatory Body.

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5. When handling a violation act, Chief of Inspection Team, Inspector shall respect the right order as stipulated by the laws.

Article 22. Function, authority and responsibility of person who issued the inspection decision, Chief of Inspection team, inspector

1. Person who issued the inspection decision shall have to perform the their functions, authorities and responsibilities as prescribed in Articles 42, 43 and 52 of the Inspection Law, clause 3 of Article 26, Articles 27, 28, 30, 31, 32, 33, 35 and 36 of the Decree No 41/2005/NĐ-CP dated 25 March, 2005 of the Government detailing the implementation of the Inspection Law (hereinafter abbreviated as Decree No 41/2005/ND-CP) and other regulations related to; and he shall have to be responsible before the law about his acts and decisions.

2. When conducting an administrative inspection, Chief of Inspection Team shall have the functions, authorities and responsibilities as stipulated in Article 39 of Inspection Law, clauses 1 and 2 of Article 26, Articles 27, 28, 29, 30, 31, 32, 33, 34 and 35 of Decree No 41/2005/NĐ-CP and other regulations related to; and he shall have to be responsible before the person issuing the inspection decision and before the laws about his acts and decisions.

When conducting a specialized inspection, Chief of Inspection Team shall have the functions, authorities and responsibilities as stipulated in Articles 49 and 50 of Inspection Law, clauses 1 and 2 of Article 26, Articles 27, 28, 29, 30, 31, 32, 33, 34 and 35 of Decree No 41/2005/NĐ-CP and other regulations related to; and he shall have to be responsible before the person issuing the inspection decision and before the law about his acts and decisions.

3. When conducting an administrative inspection mission, inspectors who are members of the Inspection Team shall have the functions, authorities and responsibilities as stipulated in Article 40 of Inspection Law, clause 1 of Article 26, Articles 27 and 28 of Decree No 41/2005/ND-CP, and other regulations related to; and he shall have to be responsible before the law about his acts and decisions.

When conducting a specialized inspection mission, inspectors who are members of the Inspection Team shall have the functions, authorities and responsibilities as stipulated in Article 50 of Inspection Law, clause 1 of Article 26, Articles 27 and 28 of Decree No 41/2005/ND-CP, and other regulations related to; and he shall have to be responsible before the person issuing the inspection decision and before the law about his acts and decisions.

4. When processing an inspection, other members of Inspection Team shall carry out the functions, authorities and responsibilities as stipulated in items a, c, d and đ, clause 1 of Article 40 of Inspection Law and clause 1 of Article 26 of Decree No 41/2005/ND-CP.

Article 23. Authority, duty and responsibility of inspection subject; relating agencies, organizations and individuals responsibilities

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2. Bodies, organizations and individuals, possessing the information, documentations related to content of inspection, shall have to timely and sufficiently inform these information and documentations as required by the inspection body; and shall have to be responsible about the precision and honesty of these information and documentations. The provision, use and management of the information and documentations, which have the content belonging to state secret, shall be conducted as regulated by the laws on protection of state secret.

Chapter IV

TECHNICAL MATERIALS AND OPERATION EXPENSE

Article 24. Technical materials

1. Science and Technology Inspectorate and Inspectors shall have to be equipped technical measures and equipments, clothing, badge, insignia, and plate.

Strictly forbid organizations and individuals to use the similar clothing, badge, insignia and plate causing the confusion as those of Science and Technology Inspectorate.

2. Minister of Science and Technology shall concretely regulate:

a) Technical measures and equipments of Science and Technology Inspectorate;

b) Clothing, badge, insignia of inspector in unanimity with the General Inspector.

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The operation expense of Science and Technology Inspectorate shall be ensured by state budget as stipulated in the state budget gradation and other sources of budget stipulated by the laws.

The formulating, issuing, managing, using, establishing the balance-sheet of inspection operation budget are performed as stipulated by the laws.

Chapter V

COMMENDATION AND HANDLING OF VIOLATIONS; SETTLEMENT OF COMPLAINTS, DENUNCIATIONS RELATED TO INSPECTION

Article 26. Commendation Organizations, individuals that record achievements in shall be commended according to regulations of laws.

Article 27. Handling violations

1. Person issuing the inspection decision, Head of inspection body, Chief of Inspection Team, Inspectors and other members of Inspection Team, subject of inspection, other organizations and individuals commit acts of violating in inspection activities shall be disciplined as provided for in Article 51 of the Decree No 41/2005/NĐ-CP and other legal documents concerned.

2. When conducting an inspection, if Inspectors commit acts of violating, depending on the level of violation acts, Minister of Science and Technology, Chairman of Provincial People’s Committee shall decide to temporarily suspend or definitely suspend the operation of Inspectors under their management authority.

Article 28. Settlement of complaints and denunciations in inspection operation

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Chapter VI

IMPLEMENTATION PROVISIONS

Article 29. Implementation effect

This Decree shall entry into force after 15 days from the date of announcing on the Official Gazette.

Article 30. Responsibility to implement the Decree

1. The Minister of Science and Technology shall have to coordinate with other concerning Ministers, branches and bodies on guiding the implementation of this Decree.

2. Ministers, heads of ministerial equivalent bodies, heads of bodies under the Government and Chairmen of the Provincial and Municipal People’s Committees shall bear the responsibility to implement this Decree./.

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