Laws of Vietnam

THE GOVERNMENT

DECREES:

Article 1.- Scope of regulation

1. This Decree provides for the supply, collection, processing, publication and use of scientific and technological statistical information, and development of scientific and technological statistics in the territory of the Socialist Republic of Vietnam.

2. Scientific and technological statistical activities not organized by state agencies and those related to security and defense shall not be regulated by this Decree.

Article 2.- Subjects of application

1. State agencies at all levels.

2. Non-business units.

3. Political organizations, socio-political organizations, professional socio-political organizations, social organizations, socio-professional organizations and professional organizations.

4. Enterprises of all economic sectors and their attached units (branches, representative offices, dependent units).

5. Cooperatives, groups of cooperation, private business establishments, households, individuals.

6. Other Vietnamese organizations at home and abroad.

7. Foreign organizations and individuals, overseas Vietnamese carrying out scientific and technological activities in the Vietnamese territory.

Article 3.- Scientific and technological statistical information

1. Scientific and technological statistical information is a product of statistical activities in the scientific and technological domain, including scientific and technological statistical data and written analyses thereof.

2. Scientific and technological statistical information shall be formed from the following sources:

a/ Scientific and technological statistical information directly produced by the concentrated systems of statistics organizations at the district and provincial levels and the General Department of Statistics;

b/ Scientific and technological statistical information directly produced by the Ministry of Science and Technology and synthesized from scientific and technological statistical information produced by agencies, organizations and individuals;

c/ Scientific and technological statistical information produced by ministries, ministerial-level agencies, Government-attached agencies, the Supreme People's Court, the Supreme People's Procuracy and provincial/municipal People's Committees;

d/ International scientific and technological statistical information and statistical information collected through other state management activities.

Article 4.- Scientific and technological statistical indicators

1. Scientific and technological statistical indicators shall apply nationwide and be arranged in the following main groups:

a/ Group of scientific and technological manpower indicators, consisting of:

- General indicators of scientific and technological manpower;

- Indicators of manpower participating in scientific research and technological development activities;

- Indicators of scientific and technological manpower training;

- Indicators of international movement of scientific and technological manpower;

- Other indicators of scientific and technological manpower.

b/ Group of financial indicators in scientific and technological activities, consisting of:

- Indicators of investment in scientific and technological activities;

- Indicators of investment in scientific research and technological development;

- Other financial indicators of science and technology.

c/ Group of indicators for material-technical infrastructure of science and technology, consisting of:

- Indicators of material-technical foundations of scientific and technological institutions;

- Indicators of scientific infrastructure and technological infrastructure;

- Indicators of scientific and technological information resources;

- Other indicators of material-technical infrastructure of science and technology.

d/ Group of indicators of technological renewal capacity, consisting of:

- Indicators of scientific and technological institutions;

- Indicators of technological renewal;

- Indicators of technological level in production;

- Other indicators of technological renewal capacity.

e/ Group of indicators of results of scientific and technological activities, consisting of:

- Indicators of scientific and technological research subjects;

- Indicators of inventions, patents, utility solutions and trademarks;

- Indicators of technology trade;

- Indicators of trade of patents;

- Indicators of scientific and technological publications;

- Indicators of national and international scientific and technological prizes;

- Other indicators of results of scientific and technological activities.

f/ Group of indicators of scientific and technological impacts, consisting of:

- Indicators of scientific and technological impacts in production and business;

- Indicators of social impacts of science and technology;

- Indicators of public awareness about the role of science and technology;

- Other indicators of scientific and technological impacts.

g/ Other scientific and technological statistical indicators.

2. The Ministry of Science and Technology shall assume the prime responsibility for, and coordinate with the General Department of Statistics in, formulating and promulgating a detailed system of scientific and technological statistical indicators, main groups, methods of collection, periods of collection, and methods of calculation of indicators.

Article 5.- Tables of classification of technological and scientific indicators

1. Apart from the table of statistical classification provided in the Statistics Law, scientific and technological statistical activities shall use the following classification tables:

a/ Table of classification of scientific and technological research fields;

b/ Table of classification of socio-economic objectives of scientific and technological activities;

c/ Table of classification of forms of scientific and technological activity, technological life and forms of scientific and technological organization.

2. The Ministry of Science and Technology shall assume the prime responsibility for, and coordinate with the General Department of Statistics in, formulating and promulgating the scientific and technological classification tables.

Article 6.- Scientific and technological statistical reporting regimes

1. Scientific and technological statistical reporting regimes include:

a/ Basic scientific and technological statistical reporting regimes;

b/ General scientific and technological statistical reporting regimes.

2. A basic scientific and technological statistical reporting regime consists of regulations on reporting subjects; statistical forms and indicators; method of calculation; responsibilities of reporting agencies; places of receipt of reports; periods and time limits for implementation, issued by competent state agencies for collecting scientific and technological statistical information from primary data documents and books.

3. A general scientific and technological statistical reporting regime consists of regulations on reporting subjects; statistical forms and indicators; method of calculation; responsibilities of reporting regime-implementing agencies; places of receipt of reports; periods and time limits for implementation, issued by competent state agencies for collecting scientific and technological statistical information from basic scientific and technological statistical reports, results of scientific and technological statistical surveys and other sources of information relating to scientific and technological activities.

Article 7.- Formulation, issuance and implementers of basic scientific and technological statistical reporting regimes

1. The formulation of basic scientific and technological statistical reporting regimes shall be based on the national system of statistical indicators and the system of statistical indicators of the science and technology branch and ensure the following requirements:

a/ To meet requirements of the general scientific and technological statistical reporting regime and requirements of state management of science and technology;

b/ Reporting regimes must not overlap in content and reporting period;

c/ To be feasible.

2. Competence to issue basic scientific and technological statistical reporting regimes

a/ The General Department of Statistics shall assume the prime responsibility for, and coordinate with the Ministry of Science and Technology in, formulating and submitting to the Prime Minister the basic scientific and technological statistical reporting regime for collecting statistical information in relation to national scientific and technological statistical indicators assigned to the General Department of Statistics for implementation under the Prime Minister's Decision No. 305/2005/QD-TTg of November 24, 2005, issuing the national system of statistical indicators;

b/ The Minister of Science and Technology shall issue the basic scientific and technological statistical reporting regime for collecting statistical information in relation to scientific and technological statistical indicators other than those specified at Point a, Clause 2 of this Article, after consulting the General Department of Statistics on professional matters. Where there are divergent opinions between the Ministry of Science and Technology and the General Department of Statistics, the Ministry of Science and Technology shall submit them to the Prime Minister for decision.

3. Implementers of basic scientific and technological statistical reporting regime include:

a/ State scientific and technological institutions;

b/ Other administrative agencies and non-business units;

c/ State enterprises practicing independent cost-accounting;

d/ Political organizations, socio-political organizations, socio-political professional organizations, social organizations and socio-professional organizations carrying out state-budget-funded scientific and technological activities.

Article 8.- Formulation, issuance and implementers of general scientific and technological statistical reporting regimes

1. The formulation of general scientific and technological statistical reporting regimes shall be based on the national system of statistical indicators and the system of statistical indicators of the science and technology branch and ensure the following requirements:

a/ To meet requirements of socio-economic management and requirements of state management of science and technology of the Government, ministries, branches, and People's Committees at all levels;

b/ Reporting regimes issued by the Prime Minister, ministries and branches must not overlap in content and reporting periods;

c/ To be feasible.

2. Competence to issue general scientific and technological statistical reporting regimes:

a/ The Ministry of Science and Technology shall assume the prime responsibility for, and coordinate with the General Department of Statistics in, formulating and submitting to the Prime Minister the general scientific and technological statistical reporting regime for application to the subjects defined at Point a, Clause 3 of this Article;

b/ The Minister of Science and Technology shall issue the general scientific and technological statistical reporting regime for application to the subjects defined at Point b, Clause 3 of this Article after consulting the General Department of Statistics on professional matters. Where there are divergent opinions between the Ministry of Science and Technology and the General Department of Statistics, the Ministry of Science and Technology shall submit them to the Prime Minister for decision.

3. Implementers of general scientific and technological statistical reporting regime include:

a/ Ministries, ministerial-level agencies and Government-attached agencies;

b/ Specialized scientific and technological agencies of People's Committees of provinces and centrally run cities and People's Committees of rural districts, urban districts, towns and provincial cities.

Article 9.- Rights and obligations of units implementing the scientific and technological statistical reporting regime

1. Units implementing the scientific and technological statistical reporting regime shall have the following rights:

a/ To have their supplied information kept confidential according to the provisions of law.

b/ Other rights as provided for by law.

2. Units implementing the scientific and technological statistical reporting regime shall have the following obligations:

a/ To fully, honestly, objectively and truly report information as required by a particular scientific and technological statistical reporting regime;

b/ To submit reports on time;

c/ Other obligations as provided for by law.

Article 10.- Scientific and technological statistical surveys

1. Scientific and technological statistical surveys shall be conducted in the following cases:

a/ Collecting scientific and technological statistical information from organizations not obliged or unable to implement the statistical reporting regime;

b/ Collecting additional information from organizations implementing the scientific and technological statistical reporting regime;

c/ Upon unexpected demand.

2. Each scientific and technological statistical survey must have a survey plan.

Article 11.- Scientific and technological statistical surveys within the framework of national statistical survey programs

1. The Ministry of Science and Technology shall identify the need for and make tentative scientific and technological statistical surveys of five-year and annual scientific and technological development plan periods, send them to the General Department of Statistics for incorporation in the national statistical survey programs to be submitted to the Prime Minister for decision.

2. A national scientific and technological statistical survey program shall cover the following specific contents:

a/ A list of scientific and technological statistical surveys;

b/ Timing of scientific and technological statistical surveys;

c/ Agencies in charge of scientific and technological statistical surveys;

d/ Agencies joining in scientific and technological statistical surveys;

e/ Estimated funds and sources of funding for scientific and technological statistical surveys.

Article 12.- Scientific and technological statistical surveys outside the framework of national statistical survey programs

Scientific and technological statistical surveys outside the framework of the national statistical survey program shall be conducted in the following cases:

1. Upon unexpected demand for data for the national scientific and technological development program.

2. Collecting information on indicators not yet included in the system of national statistical indicators to meet the requests of Party and State agencies and leaders at all levels.

Article 13.- Competence to decide on scientific and technological statistical surveys

1. The General Director of Statistics shall decide on scientific and technological statistical surveys assigned under the national statistical survey program and those outside the national statistical survey program in accordance with the provisions of Article 12 of this Decree to collect information for national statistical indicators.

2. The Minister of Science and Technology shall decide on scientific and technological statistical surveys assigned under the national statistical survey program and those outside the national statistical survey program in accordance with the provisions of Article 12 of this Decree.

The Ministry of Science and Technology shall have to assume the prime responsibility for, and coordinate with concerned ministries, branches and provincial/municipal People’s Committees in conducting scientific and technological statistical surveys decided by the Minister of Science and Technology. The results of such surveys shall be sent to the General Department of Statistics.

3. Ministers, heads of ministerial-level agencies, heads of Government-attached agencies shall decide on scientific and technological statistical surveys assigned under the national statistical survey program and those outside the national statistical survey program in accordance with the provisions of Article 12 of this Decree. The results of such surveys shall be sent to the Ministry of Science and Technology and the General Department of Statistics.

4. Presidents of provincial/municipal People's Committees shall decide on scientific and technological statistical surveys in accordance with the provisions of Article 12 of this Decree. The results of such surveys shall be sent to the Ministry of Science and Technology and the General Department of Statistics.

5. Organizations and individuals outside the system of state statistical institutions may conduct scientific and technological statistical surveys in service of scientific research, production or business within the scope of their functions and fields of operation. For scientific and technological statistical surveys beyond the scope of their functions and fields of operation, they must obtain the approval of state management agencies in charge of the fields in which such surveys are conducted.

Article 14.- Appraisal of scientific and technological statistical survey plans

1. The General Department of Statistics shall appraise statistical plans of ministries, branches or provincial/municipal People's Committees in accordance with the provisions of Article 13 of the Statistics Law in order to ensure uniformity and avoid overlap of statistical surveys.

2. An appraisal dossier shall comprise:

a/ A written request for appraisal;

b/ A draft scientific and technological statistical survey plan with the following contents:

- Scope, objects and implementing unit of the survey;

- Sample questionnaire;

- Timing of the survey;

- Survey methodology, methods of computing and synthesis of the survey's indicators.

3. After receiving the results of appraisal of the scientific and technological statistical survey plans from the General Department of Statistics, the agencies deciding on the scientific and technological statistical surveys shall study the appraisal opinions and amend and supplement the survey plans to meet professional requirements of statistical work before issuance.

4. After being issued, decisions and plans on scientific and technological statistical surveys within the framework of the national statistical survey program shall be sent to the General Department of Statistics. After being issued, decisions and plans on scientific and technological statistical surveys outside the framework of the national statistical survey program and not conducted by the Ministry of Science and Technology shall be sent to the Ministry of Science and Technology.

Article 15.- Rights and obligations of organizations and individuals conducting scientific and technological statistical surveys

1. Organizations conducting scientific and technological statistical surveys shall have the following rights and obligations:

a/ To direct, organize and supervise the implementation of the scientific and technological statistical survey plans;

b/ To synthesize, analyze and publish the results of scientific and technological statistical surveys;

c/ To be accountable for the completeness, truthfulness, objectivity and accuracy of information obtained from surveys and keep such information confidential according to the current provisions of law.

2. Individuals conducting scientific and technological statistical surveys shall have the following rights and obligations:

a/ To be trained in statistical survey skills and enjoy entitlements according to current regulations;

b/ To conduct scientific and technological statistical surveys according to their approved plans;

c/ To be accountable for the completeness, truthfulness, objectivity and accuracy of information obtained from surveys and keep such information confidential according to the current provisions of law.

Article 16.- Rights and obligations of surveyed organizations and individuals

1. Organizations and individuals shall have the following rights:

a/ To be informed of the decisions, purposes, requirements and timing of the scientific and technological statistical survey;

b/ To have their supplied information kept confidential according to the provisions of law;

c/ Other rights as provided for by law.

2. Organizations and individuals shall have the following obligations:

a/ Not to refuse to be surveyed or obstruct scientific and technological statistical surveys of the State;

b/ To supply full, truthful, objective and timely information at the request of statistical survey-conducting organizations or surveyors;

b/ Other obligations as provided for by law.

Article 17.- Network of collection and processing of scientific and technological statistical information

The network of collection and processing of scientific and technological statistical information consists of:

1. The statistics organization of the science and technology branch.

2. Statistics organizations of ministries, ministerial-level agencies, Government-attached agencies, defined in Article 21 of the Government's Decree No. 40/2004/ND-CP of February 13, 2004, detailing and guiding the implementation of a number of articles of the Statistics Law.

3. Organizations and individuals performing scientific and technological statistical work on a part-time or full-time basis under the specialized science and technology bodies assisting the People's Committees of provinces, centrally run cities, urban districts, rural districts, towns and provincial cities.

4. Statistics-keeping individuals at establishments.

Article 18.- Statistics organization of the science and technology branch

1. The statistics organization of the science and technology branch is a unit under the Ministry of Science and Technology, performing the function of collecting, processing, storing and disseminating scientific and technological statistical information and providing services for the use thereof.

2. Tasks of the statistics organization of the science and technology branch:

a/ To carry out professional activities of scientific and technological statistics to meet management requirements of the Ministry of Science and Technology;

b/ To conduct scientific research, provide professional training and guidance on scientific and technological statistics;

c/ To conduct statistical surveys and make statistical reports according to regulations.

3. The statistics organization of the science and technology branch shall be provided with necessary staff and material and technical foundations for performing its assigned functions and tasks.

4. The Minister of Science and Technology shall decide to establish the statistics organization of the science and technology branch and define its functions, tasks, organizational structure and operation.

Article 19.- Tasks of organizations and individuals engaged in scientific and technological statistical activities of ministries, ministerial-level agencies, Government-attached agencies, People's Committees of provinces and centrally run cities and People's Committees of urban districts, rural districts, towns, provincial cities, and establishments

1. To collect and process scientific and technological statistical data and information within their respective assigned scope.

2. To make and send periodical scientific and technological statistical reports according to regulations of the scientific and technological statistical reporting regime.

3. To conduct scientific and technological statistical surveys according to regulations and under the guidance of the Ministry of Science and Technology.

4. To apply modern information technologies to scientific and technological statistical work.

Article 20.- Tasks of specialized scientific and technological agencies of ministries, branches or localities

1. To give advice on state management of scientific and technological statistics under the management of ministries, branches or localities.

2. To coordinate and participate in making scientific and technological statistics within the domains and geographical areas assigned to them.

Article 21.- Publication of scientific and technological statistical information

1. Scientific and technological statistical information must be published according to prescribed schedule, except statistics which are prescribed by law to be kept confidential.

2. Published scientific and technological statistical information shall be legally valid statistical information.

In case of divergence of published scientific and technological statistical information, the following provisions shall apply:

a/ For scientific and technological statistical information belonging to the system of national statistical indicators, the information published by the General Department of Statistics shall be used;

b/ For scientific and technological statistical information outside the system of national statistical indicators, the information published by the Ministry of Science and Technology shall be used.

Article 22.- Competence and forms of publication of scientific and technological statistical information

1. The General Director of Statistics shall publish scientific and technological statistical information belonging to the system of national statistical indicators.

2. The Minister of Science and Technology shall publish scientific and technological statistical information outside the system of national statistical indicators and scientific and technological statistical information collected from scientific and technological statistical surveys under his/her deciding competence defined in Article 13 of this Decree.

3. Ministers, heads of ministerial-level agencies, heads of Government agencies shall publish scientific and technological statistical information collected from scientific and technological statistical surveys under his/her deciding competence defined in Article 13 of this Decree.

4. Presidents of provincial/municipal People's Committees shall publish scientific and technological statistical information collected from scientific and technological statistical surveys under his/her deciding competence defined in Article 13 of this Decree.

5. Forms of publication of scientific and technological statistical information:

a/ National statistics directory;

b/ Scientific and technological statistics director;

c/ Vietnam science and technology book;

d/ Printed and electronic publications;

e/ Vietnam science and technology information network;

f/ Press conference;

g/ Other forms of publication.

Article 23.- Use of scientific and technological statistical information

1. Scientific and technological statistical information published by competent persons defined in Article 21 of this Decree shall constitute a public asset. All organizations and individuals shall be equal in accessing and using this information.

2. Published scientific and technological statistical information shall be cited and used in a truthful manner with clearly indicated source. It is strictly forbidden to use scientific and technological statistical information for activities detrimental to national interests and interests of information-supplying organizations and individuals.

Article 24.- Financial assurance for scientific and technological statistical work

1. Funds for scientific and technological statistical activities shall come from the following sources:

a/ State budget allocations for statistical activities;

b/ State budget allocations for scientific and technological activities;

c/ Financial supports of international organizations and other sources.

2. The above-said funds shall be spent on the following work:

a/ Regular scientific and technological statistical regime;

b/ Statistical activities for the statistical survey regime;

c/ Building, supplementing and updating the scientific and technological statistical database; maintaining and developing the scientific and technological statistical network.

2. Ministries, ministerial-level agencies, Government-attached agencies and localities shall ensure funds for scientific and technological statistical activities under the provisions of the State Budget Law.

Article 25.- Assurance of manpower for scientific and technological statistical work

1. Ministries, ministerial-level agencies, Government-attached agencies and provincial/municipal People's Committees shall arrange part-time or full-time scientific and technological statisticians; the People's Committees of urban districts, rural districts, towns and provincial cities shall arrange part-time scientific and technological statisticians.

2. Scientific and technological statisticians must be trained and retrained in statistical skills, application of information technology and advanced statistical methods.

3. The Ministry of Science and Technology shall assume the prime responsibility for, and coordinate with the General Department of Statistics in, organizing retraining in scientific and technological statistical skills for scientific and technological statisticians.

Article 26.- Assurance of material-technical foundations, application of modern scientific and technological achievements in scientific and technological statistical work

The State shall invest material-technical foundations in scientific and technological statistical activities; prioritize investments in the application of information and communication technologies to the collection, processing, analysis and publication, building of the databank and network of scientific and technological statistical information. To increase investments in scientific research and technological development in the domain of scientific and technological statistics.

Article 27.- Handling of violations

1. Organizations and individuals committing acts of violating the provisions of this Decree shall, depending on the nature and severity of their violations, be disciplined, administratively sanctioned, not be assigned scientific and technological tasks funded with the state budget, not be considered and awarded honorable scientific and technological prizes and titles as well as preferences for scientific and technological activities.

2. Individuals committing acts of violating the provisions of this Decree and involving criminal elements shall be examined for penal liability.

3. Organizations and individuals committing acts of violating the provisions of this Decree and causing damage shall have to pay compensation therefor according to the provisions of law.

Article 28.- Implementation effect

This Decree takes effect 15 days after its publication in "CONG BAO." All previous regulations contrary to this Decree are hereby annulled.

Article 29.- Implementation responsibilities

1. The ministers of: Science and Technology; Home Affairs; and Finance, and the General Director of Statistics shall, according to their respective functions, tasks and powers, have to guide the implementation of this Decree.

2. Ministers, heads of ministerial-level agencies, heads of Government-attached agencies and presidents of provincial/municipal People's Committees shall have to implement this Decree.

On behalf of the Government