Laws of Vietnam

I. NAMES

Sections managing scientific and technical activities, previously attached to the representations, shall be uniformly titled Bo phan Khoa hoc va Cong nghe Dai su quan nuoc Cong hoa Xa hoi chu nghia Viet Nam (Bo phan Khoa hoc va Cong nghe for short). They shall have the following uniform transaction name in English: Scientific and Technological Section of the Embassy of the S.R.V. (where the Vietnamese embassy is not set up yet, they shall be named after the name of the representations there).

II. TASKS AND POWERS

1. To perform tasks assigned by the State management agency in charge of science, technology and environment and the heads of the representations.

2. To firmly grasp the guidelines, policies and principal measures for socio-economic, scientific and technological development and environmental protection, as well as the external relation lines of our Party and State.

To study development strategies, policies and plans of the host countries as well as their intentions to boost their relationship with Vietnam, especially in the fields of scientific research, technological development and environmental protection, in order to provide advices and information to the representations’ heads, and through them to the Ministry of Science, Technology and Environment as well as the concerned agencies at home on policies, measures and possibilities for cooperation in the domains of scientific research, technological development and environmental protection.

3. To help the representations’ heads manage the implementation of the scientific and technological cooperation plans already signed between the Vietnamese Government and the governments of the host countries or the international scientific and technological organizations based in such host countries (hereinafter collectively referred to as the host countries). To base themselves on the host countries’ situation and capabilities for scientific, technological and environmental protection activities as well as our country’s demands and capabilities therefor to propose on their own initiative appropriate cooperation directions, contents and forms, and take part in the formulation of plans, programs and projects for cooperation on scientific research, technological development and environmental protection between our government and the host countries’ governments.

4. To step by step satisfy the requirements for technological warning, paying attention to the gathering and research into advanced technologies and those compatible with the domestic production level in geographical areas they are in charge of, then send proposals thereon back home for application (through getting access to documents, inviting experts, executing cooperation projects, conducting negotiations among parties or trading in copyright, etc.).

5. To prepare for and participate in meetings and negotiations on scientific research, technological development and environmental protection cooperation between the two countries, which are held in the host country. To participate in and support meetings, negotiations and signing ceremonies held at home under decisions of the Minister of Science, Technology and Environment.

6. To manage and support activities of delegations and individuals coming from home to work in the host country within the framework of agreements signed between the two states on scientific, technological and environmental protection cooperation; and make periodical reports, comments and recommendations on organizing delegations to work abroad. To coordinate with the bodies of the Ministry of Education and Training as well as the concerned agencies in organizing the training of scientific and technological personnel in geographical areas they are in charge of.

7. To propose on their own initiative to the representations’ heads the participation in conferences, workshops, exhibitions and other activities related to the scientific research, technological development and environmental protection, which are held in the host countries. To contact research institutes, scientists, including those in the Vietnamese community in the host countries to gather necessary information and report them to the representations’ heads and other concerned agencies at home, and at the same time to make full use of their assistance to build and develop cooperation ties between the representations, scientific and technological agencies at home and the host countries’ scientific organizations and scientists.

8. To base themselves on particular working conditions in each geographical area and specific guidance of specialized sections of the representations to make annual estimates of funds for performing their assigned tasks and report them the representations’ heads for inclusion into the estimates of the general operation funds of such representations.

9. To propose to the representations’ heads for consideration and decision the extension of scientific research, survey and practice durations for delegations and individuals in the host country within the framework of agreements between the two states on scientific, technological and environmental protection cooperation, after consulting the managing agencies at home and on the basis of professional requirements, for their accomplishment of scientific research, survey and practice.

10. To build up friendly, cooperative and mutually reliable relations with other sections of the representations and the concerned agencies of the host countries.

11. To send periodical (biannual and annual) reports through the representations’ heads to the Ministry of Science, Technology and Environment and the Ministry for Foreign Affairs on the situation and result of the performance of the above-said assigned tasks.

III. WORKING REGIME AND ORGANIZATIONAL STRUCTURE

1. The Scientific and Technological Sections shall submit to the direct and constant direction of the representations’ heads regarding the external political affairs and internal management work, and at the same time to the professional direction by the Ministry of Science, Technology and Environment. The chiefs of the scientific and technological sections shall have to notify the representations’ heads of the guidelines and directives of the Ministry of Science, Technology and Environment, ask for the latter’s comments on their working programs, plans and undertakings and report to them on the performance result, and at the same time make the best use of the representations’ support for the accomplishment of their assigned tasks.

2. The Scientific and Technological Sections shall be regularly supplied by the Ministry for Foreign Affairs and the Ministry of Science, Technology and Environment necessary information and documents in service of the performance of their tasks. The contact body of the Ministry of Science, Technology and Environment is the External Relations Department. The External Relations Department is tasked to assist the leadership of the Ministry of Science, Technology and Environment in transmitting necessary information and the Ministry’s directing opinions to the Scientific and Technological Sections through the heads of the Vietnamese representations in the host countries.

3. Conferences of members of the Scientific and Technological Sections shall be held once every two years for exchange of working experiences, briefing on guidelines, policies and plans for scientific and technological development and environmental protection, proposal of measures to promote the scientific, technological and environmental protection cooperation between our country and the host countries. The Minister of Science, Technology and Environment shall decide such conferences’ participants, dates and venues after consulting the Ministry for Foreign Affairs.

4. The Scientific and Technological Sections may be staffed with diplomats ranking from attaché to counsellor and, when deeming it necessary, added with some more employees. Officials and employees of the Scientific and Technological Sections shall be recommended by the Ministry of Science, Technology and Environment, agreed upon and decided by the leaderships of the two ministries after obtaining the Government’s approval. Officials to be sent to act as chiefs of the Scientific and Technological Sections must satisfy the following requirements:

- Having worked for at least 5 years after their university graduation;

- Being capable of independently handling work;

- Knowing at least 2 foreign languages, with the good command of one main working foreign language;

- Having good health for discharging their assigned tasks in working, living and climatic conditions of places where they work;

- Having an intermediate political knowledge level upward, and being not subject for examination for law violations;

- Grasping the country’s policies and lines for economic, scientific and technological development;

- Being aware of operation and organization of the scientific, technological and environmental research and management system at home;

- Knowing well the host country and grasping firmly the cooperation relationship between the two countries as well as the scientific and technological development of the geographical areas they are destined for;

- Having good communication skills and a good knowledge of diplomatic regulations;

- Having an appearance acceptable for the external affairs.

Particular cases which are beyond the above criteria shall be agreed upon and decided by the leadership of the two ministries.

5. The Ministry of Science, Technology and Environment shall base itself on the payrolls approved by the Government, the criteria prescribed in Article 5 of the Government’s Decree No. 183/CP of November 18, 1994 and the task-discharging capabilities of personnel of the scientific and technological sections to consider, select and recommend their officials and employees to the Ministry for Foreign Affairs. The Ministry for Foreign Affairs shall examine the foreign language knowledge and foster the political knowledge of such officials, ensuring that only qualified persons shall be appointed to working positions.

Diplomatic titles of officials sent to work abroad shall be decided by the Ministry for Foreign Affairs on the basis of agreement between the two ministries, in compliance with the Ordinance on Diplomatic Titles and Ranks and taking into account the specific situation of the concerned representations and the work seniority of the to be-sent officials.

6. The working term of members of scientific and technological sections shall be 3 years.

In special cases, basing itself on the need of the work and opinions of the Ministry of Science, Technology and Environment, the Minister for Foreign Affairs shall issue a decision to extend the working term of a member of a scientific and technological section after consulting the concerned representation’s head. The extension must not exceed 18 months. Those having their working terms extended shall enjoy the cost-of-living allowance, clothing allowance and other regimes provided for by the State corresponding to the extended period.

IV. ON FINANCIAL MATTERS AND MATERIAL FOUNDATION

1. The representations’ heads shall have to arrange working places, accommodations and working facilities for officials and employees of scientific and technological sections according to the budgetary capabilities of their representations.

2. Basing themselves on the annual operation fund levels to be allocated to the representations and the funding estimates of the scientific and technological sections, the representations’ heads shall determine the funding limits of the scientific and technological sections. The scientific and technological sections shall have to implement the already approved expenditure plans and comply with specific guidance of the representations on the basis of the current regulations. In case of irregular expenditures beyond the estimates, due to particular requirements of scientific and technological activities, the scientific and technological sections shall report such in detail to the heads of the representations for consideration and decision.

V. ORGANIZATION OF IMPLEMENTATION

1. This Circular takes effect 15 days after its signing.

2. Should any problems arise in the course of implementation of this Circular, they must be reported by the representations to the Ministry for Foreign Affairs and the Ministry of Science, Technology and Environment for coordinated settlement.

For the Minister of Science, Technology and Environment
Vice Minister
CHU HAO

For the Minister for Foreign Affairs
Vice Minister
CHU TUAN CAP