Laws of Vietnam

THE PRIME MINISTER

DECIDES:

Article 1.- General provisions

1. Subjects performing the tasks of consultancy, judgment and social expertise under this Decision are Vietnam Union of Scientific and Technical Associations and its member associations (being the Central Scientific and Technical Associations and the Unions of Scientific and Technical Associations of the provinces and centrally-run cities).

2. Subjects requesting consultancy, judgment and social expertise by the Union of Associations and its member associations are ministries, ministerial-level agencies, agencies attached to the Government and provincial/municipal People’s Committees (hereinafter referred collectively to as agencies).

3. Objects of consultancy, judgment and social expertise are policies, programs, projects and schemes on socio-economic development, education and training, science, technology and environment (referred collectively to as schemes), which are complicated, prioritized, key or multi-sectoral and formulated, implemented, or submitted to superior authorities for approval by the agencies.

4. The objectives of consultancy, judgment and social expertise activities of the Union of Associations and its member associations are to provide the agencies requesting consultancy, judgment and social expertise with additional independent and objective scientific grounds for the proposition, formulation, evaluation, approval, or implementation of the schemes.

5. The consultancy, judgment and social expertise by the Union of Associations and its member associations are non-profit and non-professional activities, manifesting the responsibility of the contingent of scientific and technological intellectuals to contribute their intellect to the State’s activities.

6. Consultancy means the activity of providing assistance in terms of knowledge and experience, supplying information and documents, together with analysis, evaluation and proposals in the proposition, formulation, evaluation or approval of schemes.

7. Judgment means the activity of supplying information and documents, together with analysis and evaluation of the feasibility, as well as proposals on the compatibility of the schemes’ contents with the objectives, initial conditions or actual situation.

8. Social expertise means the activity of supervising the implementation of the schemes and putting forward analysis, evaluation and proposals on the implementation organization, objectives, contents or quality of the schemes.

Article 2.- Forms of implementation

The consultancy, judgment and social expertise by the Union of Associations and its member associations shall be carried out in the following forms:

1. The agencies shall request the Union of Associations or its member associations to provide consultancy, judgment and social expertise of the schemes falling within their approval competence or those to be submitted to superior authorities for approval.

2. The Union of Associations and its member associations shall set for themselves the task of providing consultancy, judgment and social expertise of the schemes of their interest, organize the implementation thereof and send their proposals to the concerned agencies and competent authorities for consideration.

Article 3.- Responsibilities of the agencies requesting consultancy, judgment and social expertise

1. To take initiative in requesting the Union of Associations and its member associations to provide consultancy, judgment and social expertise of the schemes mentioned in Clause 3 of Article 1.

3. To handle the proposals stated in the consultancy, judgment or social expertise documents of the Union of Associations and its member associations. The consultancy, judgment or social expertise documents of the Union of Associations and its member associations shall be included in the project dossiers to be submitted to competent authorities.

Article 4.- Responsibilities of the Union of Associations and its member associations

1. To apply proper organizational measures to rally top experts from member associations and relevant organizations for the performance of the tasks of providing consultancy, judgment and social expertise of the schemes on request with high quality.

2. To ensure the requirements on the contents, implementation schedule as well as the independence, objectiveness and truthfulness of their reports on the results of consultancy, judgment and social expertise.

3. To bear legal responsibility for the contents of consultancy, judgment and social expertise, as well as their proposals.

4. To manage and keep secret (if so requested) the scheme dossiers and documents supplied to them, preserve technical facilities (if being allowed to use) and return them after the completion of requested tasks.

Article 5.- Financial mechanism

The principle for determination of funding for consultancy, judgment and social expertise activities of the Union of Associations and its member associations is non-profitability. The Ministry of Finance shall issue documents to guide the implementation of this principle.

Article 6.- This Decision takes effect 15 days after its signing.

Article 7.- 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 centrally-run cities shall have to implement this Decision; the Presidium of the Central Council of Vietnam Union of Scientific and Technical Associations shall have to coordinate with one another in the implementation thereof.

Prime Minister
PHAN VAN KHAI