Tiếng Việt| THE GOVERNMENT | SOCIALIST REPUBLIC OF VIET NAM |
| No. 159/2004/ND-CP | Hanoi, August 31, 2004 |
ON SCIENTIFIC AND TECHNOLOGICAL INFORMATION ACTIVITIES
THE GOVERNMENT
Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the June 9, 2000 Law on Science and Technology;
Pursuant to the December 28, 1989 Press Law and the June 12, 1999 Law Amending and Supplementing a Number of Articles of the Press Law;
At the proposal of the Science and Technology Minister,
DECREES:
Article 1.- Scope and subjects of regulation
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1. Vietnamese organizations and individuals that conduct scientific and technological information activities in the territory of the Socialist Republic of Vietnam.
2. Foreign organizations and individuals, overseas Vietnamese that conduct scientific and technological information activities in the territory of the Socialist Republic of Vietnam.
In cases where an international agreement which the Socialist Republic of Vietnam has signed or acceded to contains provisions different from those of this Decree, such international agreement shall apply.
Article 2.- Interpretation of terms
In this Decree, the following words and phrases are construed as follows:
1. "Scientific and technological information" means data, figures, facts, news and knowledge about sciences and technologies (including natural sciences, technological science, social sciences and humanities), which are created, managed and used for providing public services, serving the State management or meeting demands of organizations and individuals in the society.
2. "Scientific and technological information activities" mean professional activities of seeking, gathering, processing, storing and popularizing scientific and technological information; and other activities directly related to, and in service of, professional scientific and technological information activities.
3. "Documents" mean a form of material recorded with information in written, audio, graphic, visual, film or video form for the purposes of preservation, popularization and use.
4. "Information-carrying objects" mean material means used to store information, including paper, film, magnetic tape, magnetic disc, optical disc and other information-carrying objects.
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6. "Scientific and technological information service organizations" mean non-business units performing the function of providing scientific and technological information services and established by State agencies, organizations or individuals according to the provisions of law.
Article 3.- Contents of scientific and technological information activities
1. Activities of gathering and processing data, facts, news and knowledge in order to create scientific and technological information sources.
2. Managing and storing scientific and technological information sources.
3. Providing scientific and technological information products and services on the basis of service contracts with organizations and individuals.
4. Supplying information to serve as grounds for the making of forecasts of scientific and technological development, the formulation of scientific and technological management lines and policies of the Party and State management agencies.
5. Supplying and exchanging information free of charge according to the State's undertakings and policies to propagate and popularize knowledge or for cooperation in scientific and technological development.
6. Working out, and organizing the implementation of, programs and plans on scientific and technological information activities; professionally guiding and inspecting scientific and technological information activities.
7. Providing professional guidance, training and fostering in scientific and technological information activities.
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9. Conducting scientific research and technological development in service of scientific and technological information activities.
10. Organizing library activities, conferences, workshops, exhibitions and fairs on science and technology, technology and equipment markets.
11. Undertaking international cooperation in scientific and technological information.
12. Other scientific and technological information activities prescribed by law.
Article 4.- General principles of scientific and technological information activities
1. Ensuring accuracy, truthfulness, objectivity, completeness and timeliness of scientific and technological information activities; guaranteeing the quality and quantity of scientific and technological information products and services at requests of organizations and individuals.
2. Ensuring the efficient exploitation, use and management of scientific and technological information in service of the State management, socio-economic development, national construction and defense.
3. Guaranteeing the right of organizations and individuals to access to scientific and technological information created with the State budget funding in compliance with law provisions.
4. Keeping secret scientific and technological information on the list of State secrets or at requests of organizations or individuals in compliance with law provisions.
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Article 5.- Encouragement of scientific and technological information activities
1. The State encourages and supports scientific and technological information activities for performing key scientific and technological tasks and developing high technologies; the strategies, planning and plans on socio-economic development; the national target programs; the security, defense, diplomatic tasks as well as other State management tasks.
2. The State encourages and supports scientific and technological information activities for the purposes of propagating and disseminating scientific and technological knowledge to laborers, people in deep-lying and remote areas; creates conditions for organizations and individuals to access to scientific and technological information with a view to raising their awareness about science and technology and their scientific and technological level.
3. The State encourages scientific and technological information activities, especially those through service contracts to serve technology consultancy, transfer and renewal, sale and purchase of scientific and technological products and other activities in order to promote the development of science and technology markets.
Article 6.- Prohibited acts in scientific and technological information activities
1. Abusing scientific and technological information activities to distort or oppose the lines and policies of the Communist Party of Vietnam, the laws of the State of the Socialist Republic of Vietnam, undermine the great national unity bloc.
2. Abusing scientific and technological information activities to harm interests of the State, legitimate rights and interests of organizations and individuals, cause damage to the environment and people's health, run counter the ethical values, fine traditions and customs of the nation.
3. Infringing upon intellectual property rights, illegally transferring and/or assigning information and documents on the results of scientific and technological activities.
4. Distorting scientific and technological information, forging false scientific and technological information; disclosing scientific and technological information on the list of State secrets.
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ORGANIZATIONS AND INDIVIDUALS CONDUCTING SCIENTIFIC AND TECHNOLOGICAL INFORMATION ACTIVITIES
Section 1. SCIENTIFIC AND TECHNOLOGICAL INFORMATION SERVICE ORGANIZATIONS
Article 7.- Scientific and technological information service organizations
1. Scientific and technological information service organizations include:
a/ The National Center for Scientific and Technological Information;
b/ Scientific and technological information service organizations of the ministries, the ministerial-level agencies, the Government-attached agencies and other central-level State agencies;
c/ Scientific and technological information service organizations of professional bodies of the People’s Committees of the provinces or centrally-run cities;
d/ Other State-run scientific and technological information service organizations;
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The Science and Technology Ministry shall assume the prime responsibility for, and coordinate with the Home Affairs Ministry in, guiding specific tasks and powers of scientific and technological information service organizations prescribed at Points b, c, d and e, Clause 1 of this Article.
2. Scientific and technological information service organizations may be established by non-governmental organizations, enterprises, individuals having business registrations or other organizations.
Article 8.- The National Center for Scientific and Technological Information
1. The National Center for Scientific and Technological Information under the Science and Technology Ministry is the central coordinator of the network of scientific and technological information service organizations.
2. The National Center for Scientific and Technological Information shall perform the function of supplying, propagating and disseminating scientific and technological information; organizing the operation of, and managing, the Vietnamese technology and equipment market, the central library for science and technology, and the national network of scientific and technological information; carrying out the official registration of documents and implementation results of State-level and ministerial-level programs, subjects, schemes and projects on scientific and technological research and development or basic surveys.
3. The Science and Technology Minister shall specify the organization, tasks, powers and relations of the National Center for Scientific and Technological Information with scientific and technological information service organizations, as well as organizations and individuals engaged scientific and technological information activities.
The conditions for establishment, operation registration, merger, division, separation or dissolution of scientific and technological information organizations prescribed in Articles 4, 5, 6, 7 and 8 of the Government's Decree No. 81/2002/ND-CP of October 17, 2002 detailing the implementation of a number of articles of the Science and Technology Law shall apply to the establishment, operation registration, merger, division, separation or dissolution of scientific and technological information service organizations.
Article 10.- Rights of scientific and technological information service organizations
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2. To sign service contracts for performance of other forms of exploiting and using scientific and technological information according to law provisions.
3. To open professional training and fostering courses to develop scientific and technological information human resources.
4. To cooperate and associate with domestic and foreign organizations and individuals as well as international organizations in conducting scientific and technological information activities in compliance with law provision; to participate in activities of socio-professional organizations at home and abroad, which are related to the scientific and technological information domain.
5. To publicize scientific and technological information research results according to law provisions; to have their intellectual property rights protected; to transfer the results of scientific and technological information activities.
6. To build and develop the system of scientific and technological databases, websites, electronic interaction gates in the branches and localities; to have access to and exploit on-line services in the national network of scientific and technological information on the basis of registration (through contracts or free of charge) with the National Center for Scientific and Technological Information.
7. To use financial aid, donation sources of organizations and individuals at home and abroad for performance of scientific and technological information activities.
8. To collect charges for scientific and technological information services to cover their expenditures.
9. To enjoy the planning, financial, organization and personnel autonomy as provided for by law.
10. Other rights prescribed by law.
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1. To widely propagate and disseminate scientific and technological knowledge to people of all strata, so as to contribute to raising the people's intellectual level and forming the habit of using scientific and technological information in production and life.
2. To perform properly and completely the already signed scientific and technological information contracts.
3. To efficiently use the capital sources invested in scientific and technological information activities.
4. To protect secret information of the State, organizations and individuals that exploit and use scientific and technological information services (except for cases where clients so agree or laws otherwise provide for).
5. To ensure the legitimate rights and interests of organizations and individuals in getting access to information on scientific and technological achievements and knowledge; to guarantee the quality of scientific and technological information services.
6. Not to commit prohibited acts prescribed in Article 6 of this Decree.
7. To practice democracy, equality and publicity in the assignment and performance of scientific and technological information tasks funded by the State budget.
8. To step up the application of information and communication technologies, especially Internet and digital technologies, to scientific and technological information activities; to develop the data integration center and the electronic library on science and technology.
9. To perform the tasks assigned by competent agencies and organizations and other obligations according to law provisions.
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1. Organizations participating in scientific and technological information activities are those having the legal person status, including State agencies, non-business units, enterprises, associations, non-governmental organizations and other organizations having the function of performing a number of scientific and technological information activities.
2. Individuals participating in scientific and technological information activities include:
a/ Individuals having business registration or consultancy practice registration, who are permitted to organize in their professional activities the provision of scientific and technological information services according to the provisions of this Decree;
b/ Public servants, State employees and laborers who perform scientific and technological information tasks according to their respective professions as assigned by competent authorities.
1. Organizations and individuals that have business or consultancy practice registrations, mentioned in Clause 1 and Point a, Clause 2, Article 12 of this Decree, when participating in scientific and technological information activities, shall have the following rights and obligations:
a/ To place orders, sign economic contracts, service contracts and fully exercise and perform the clients' rights and obligations; to get access to and exchange information with scientific and technological information service organizations as well as other organizations and individuals participating in scientific and technological information activities;
b/ To hire experts to do, or organize by themselves, the gathering and processing for exploitation and use of results of scientific and technological information activities in service of their professional and other operations according to law provisions;
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2. Public servants, State employees and laborers, who participate in scientific and technological information activities mentioned at Point b, Clause 2 of Article 12, when practicing their professions, shall have the following rights and obligations:
a/ To request organizations and individuals having demands for scientific and technological information to fully, accurately and specifically state their requirements on contents, volume, quality and deadlines of scientific and technological information products or services;
b/ To properly perform scientific and technological information tasks assigned by competent agencies, organizations and individuals and the signed scientific and technological information service contracts under their charge;
c/ To participate in the study and proposition of scientific innovations and technological solutions in order to improve and perfect the professional processes and methods in scientific and technological information activities; to have their intellectual property rights over the results of scientific and technological information activities protected according to law provisions;
d/ To have their legitimate rights and interests guaranteed in the course of performing scientific and technological information tasks;
e/ To protect the secrets of the State, organizations and individuals in the course of conducting scientific and technological information activities;
f/ Not to commit the prohibited acts prescribed in Article 6 of this Decree;
g/ Other rights and obligations provided for by law.
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Section 1. CREATION AND MANAGEMENT OF SCIENTIFIC AND TECHNOLOGICAL INFORMATION SOURCES
1. Scientific and technological information service organizations must select and add foreign scientific and technological information sources compatible with the priority development orientations of the country.
2. To effect the regulation and coordination in the addition of foreign scientific and technological information sources in order to avoid overlapping and raise the efficiency of exploitation and use thereof.
3. The Science and Technology Ministry shall prescribe the coordination in addition, exploitation and use of foreign scientific and technological information sources created with the State budget.
Article 15.- Gathering and management of information on domestic scientific and technological tasks
1. Public scientific and technological information service organizations shall carry out the gathering and supply of information and the building of databases on domestic scientific and technological tasks, which have been performed or are being performed.
2. The Science and Technology Ministry shall specify the responsibilities and powers for organizing and managing information on domestic scientific and technological tasks.
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2. The registration, donation and archival of the results of the performance of scientific and technological tasks not funded with the State budget are encouraged.
3. The State agencies competent to register and archive the results of the performance of scientific and technological tasks shall be the National Center for Scientific and Technological Information and other competent agencies in the ministries, branches and localities.
4. The Science and Technology Ministry shall specify the tasks, powers and procedures for registering, donating, archiving and using results of the performance of scientific and technological tasks.
Article 17.- Gathering and managing postgraduate theses and dissertations
1. Vietnamese citizens and foreign citizens who defend their doctoral theses in Vietnam shall, before the official defense, have to submit one thesis copy enclosed with one thesis abstract to the National Center for Scientific and Technological Information.
2. Vietnamese citizens who defend their scientific doctoral or doctoral theses in foreign countries shall, when returning home, have to submit one thesis copy enclosed with one thesis abstract to the National Center for Scientific and Technological Information.
3. Vietnamese citizens and foreign citizens who defend their master's dissertations in Vietnam shall, before the official defense, have to submit one dissertation copy enclosed with one dissertation abstract to the scientific and technological information agencies or libraries of the training establishments. Vietnamese citizens who defend their scientific master's dissertations in foreign countries shall, when returning home, have to submit one dissertation copy enclosed with one dissertation abstract to the scientific and technological information agencies or libraries of the agencies which have sent them abroad for training.
Section 2. SCIENTIFIC AND TECHNOLOGICAL INFORMATION SERVICES
Article 18.- Scientific and technological information services
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2. Scientific and technological information services shall be provided in the following forms:
a/ Popularization of selected information;
b/ Supply of documents analyzing or synthesizing scientific and technological information on special subjects;
c/ Supply of copies or translations of scientific and technological documents or data;
d/ Search for and supply of on-line scientific and technological information;
e/ Organization of technology and equipment exhibitions and markets;
f/ Other forms of service provided for by law.
Article 19.- Scientific and technological information service contracts
1. Scientific and technological information service contracts may be concluded in writing or via electronic mails.
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a/ Names, addresses and accounts of the contractual parties;
b/ Names of scientific and technological information service contracts; contractual products;
c/ Places, time limits and modes of contract performance;
d/ Rights and obligations of the contractual parties;
e/ Contractual values and payment modes;
f/ Liabilities for contract breaches and settlement of disputes.
Article 20.- Rights and obligations of the service-ordering parties
1. To use and transfer the results of the scientific and technological information service contracts as agreed upon therein.
2. To supply necessary information for the performance of the contracts.
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Article 21.- Rights and obligation of service providers
1. To request the service-ordering parties to supply information and create other conditions as agreed upon for the contract performance.
2. To receive funding from the service-ordering parties for the contract performance.
3. To hand over products strictly according to the provisions of the contracts.
Article 22.- Interests of scientific and technological information service brokers
Scientific and technological information service brokers shall enjoy commissions as agreed upon, which, however, must not exceed 10% of the contract's payment price. The specific commission rate and responsibility to pay such commissions shall be agreed upon by the contractual parties.
Article 23.- Settlement of contractual disputes
Disputes over scientific and technological information service contracts shall be settled first of all on the principle of conciliation or agreement between the contractual parties. In cases where the contractual parties fail to settle disputes by themselves, such disputes shall be settled at courts if there exists no arbitration agreement.
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Article 24.- Financial mechanism
1. Annual State budget allocations in support of the development of scientific and technological information activities include non-business scientific and technological funding and development investment capital.
2. Non-business scientific and technological funding in support of development of scientific and technological information activities shall be used for the following priority purposes:
a/ Creating and developing scientific and technological information sources;
b/ Organizing the supply of scientific and technological information in service of the Party's leadership and the State management; propagating and disseminating scientific and technological achievements and knowledge in service of socio-economic development in mountainous, deep-lying and remote areas.
3. To encourage units to increase revenues from scientific and technological information service activities and other scientific and technological transactions.
4. To diversify financial sources outside the State budget for investment in scientific and technological information activities.
Article 25.- Building of material-technical foundations
The ministries, branches and localities shall adopt plans on investment in building and upgrading of material-technical foundations along the direction of modernization for their scientific and technological information service organizations.
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1. Plans on training of scientific and technological information human resources constitute part of plans on training of scientific and technological human resources.
2. Organizations and individuals that use scientific and technological information human resources shall have to arrange and employ them strictly according to their capability and strengths and create favorable conditions for them to raise their qualifications and bring into full play their professional capability for the performance of their assigned tasks.
Article 27.- Tax and credit policies, post and telecommunications charge rates
1. Scientific and technological information service organizations shall enjoy the tax and credit preferences prescribed by the State for scientific and technological activities.
2. Imported documents, books, newspapers, magazines and electronic documents in direct service of scientific and technological activities shall be exempt from import tax and value added tax.
3. The State adopts policies on post and telecommunication service charge supports for scientific and technological information activities, especially scientific and technological information activities in service of socio-economic development in mountainous, deep-lying and remote areas.
Article 28.- International cooperation in scientific and technological information activities
1. Organizations and individuals engaged in scientific and technological information activities may expand international exchange and cooperation, enter into joint ventures and associations in scientific and technological information, attend conferences and workshops, participate in scientific and technological information networks, associations and organi-zations in the region and the world according to the laws of the Socialist Republic of Vietnam.
2. The State creates conditions for organizations and individuals engaged in scientific and technological information activities to step up the gathering and popularization of scientific and technological information through foreign-based Vietnamese representations; enhance networking and exchange of scientific and technological information in the region and the world.
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STATE MANAGEMENT OVER SCIENTIFIC AND TECHNOLOGICAL INFORMATION ACTIVITIES
Article 29.- Competence and responsibilities of the Science and Technology Ministry
1. The Science and Technology Ministry shall assist the Prime Minister in performing the uniform State management over scientific and technological information activities nationwide; organize the provision of a number of public services on scientific and technological information.
2. The Science and Technology Ministry shall have the following tasks and powers:
a/ To elaborate and submit to competent authorities for promulgation or promulgate according to its competence legal documents related to scientific and technological information activities and direct the implementation thereof;
b/ To formulate and submit to competent authorities for approval or approve according to its competence strategies, policies, plannings and plans on development and modernization of the national scientific and technological information system, and direct the implementation thereof;
c/ To promulgate, guide and inspect the observance of, processes, rules, standards and econo-technical norms applicable to scientific and technological information activities;
d/ To assume the prime responsibility for, and coordinate with the ministries, branches and localities in, assessing the efficiency of scientific and technological information activities as well as the efficiency of the State budget's investment in scientific and technological information activities; to direct the development and exchange of scientific and technological information potentials, the application of information technology to scientific and technological information activities nationwide;
e/ To direct and organize the building and management of the Vietnamese technology and equipment market; to carry out the registration and archival of results of the performance of scientific and technological tasks; to collect and manage postgraduate theses and dissertations;
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g/ To direct, manage and organize the performance of scientific research and technological development activities in service of scientific and technological information activities;
h/ To direct, manage and organize the training and fostering for raising professional qualifications of officials and State employees engaged in scientific and technological information activities;
i/ To direct, manage and organize the performance of international cooperation activities in scientific and technological information according to law provisions;
j/ To inspect and settle complaints and denunciations and handle law violations in scientific and technological information activities according to law provisions;
k/ To organize the publishing of the State's annual official publication on Vietnam's science and technology and other publications on science and technology; to publicize the list and results of the performance of domestic scientific and technological tasks.
1. The Finance Ministry shall assume the prime responsibility for, and coordinate with the Science and Technology Ministry and the concerned ministries in, balancing budgetary sources for scientific and technological information activities, and perform the financial management according to the current provisions of the State Budget Law.
2. The Planning and Investment Ministry shall assume the prime responsibility for, and coordinate with the Science and Technology Ministry, the concerned ministries, branches and People's Committees of provinces or centrally-run cities in, working out plans on investment in the building of material-technical foundations for the public scientific and technological information service organizations.
3. The Education and Training Ministry shall assume the prime responsibility for, and coordinate with the Science and Technology Ministry and the Planning and Investment Ministry in, working out plans on training of scientific and technological information personnel possessing university and post-graduate degrees; and prescribe the submission of postgraduate theses and dissertations.
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5. The Culture and Information Ministry shall coordinate with the Science and Technology Ministry in managing and enhancing the effectiveness of scientific and technological information propagation and dissemination.
6. The Post and Telematics Ministry shall assume the prime responsibility for, and coordinate with the Finance Ministry and the Science and Technology Ministry in, specifying the regime of preferential post and telecom-munication charge rates for scientific and technological information service organizations; and ensure broad bands for scientific and technological information service organizations.
7. The ministries, the ministerial-level agencies, the Government-attached agencies shall, within the ambit of their tasks and powers, have to perform the State management and organize the performance of a number of scientific and technological information activities in the branches or fields assigned to them respectively.
Article 31.- The People's Committees of all levels
The People's Committees of all levels shall perform the State management over scientific and technological information activities within their respective localities.
Basing themselves on the specific conditions of their respective localities, the presidents of the People's Committees shall decide on appropriate forms and modes of organizing the efficient performance of scientific and technological information activities.
COMMENDATION, HANDLING OF VIOLATIONS AND SETTLEMENT OF COMPLAINTS AND DENUNCIATIONS
Article 32.- Commendation, handling of violations and settlement of complaints and denunciations
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2. Organizations and individuals that violate the law provisions on scientific and technological information organization and activities shall, depending on the nature and seriousness of their violations, be handled according to law provisions.
3. Organizations and individuals have the right to lodge complaints; individuals have the right to lodge denunciations with competent State agencies against law-breaking acts in scientific and technological activities. The order and procedures for lodging complaints or denunciations and the competence to settle complaints and denunciations in scientific and technological activities shall comply with the law provisions on complaints and denunciations.
Article 33.- Implementation effect
This Decree takes effect 15 days after its publication in the Official Gazette. All previous stipulations contrary to this Decree are hereby annulled.
Article 34.- Implementation responsibility
1. The Ministers of Science and Technology; Finance; Planning and Investment; Education and Training; Culture and Information; Home Affairs; Labor, War Invalids and Social Affairs; and Post and Telematics shall, within the ambit of their functions, tasks and powers, have to guide and implement this Decree.
2. The ministers, the heads of the ministerial-level agencies, the heads of the Government-attached agencies and the presidents of the People's Committees of the provinces or centrally-run cities shall have to implement this Decree.
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ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Phan Van Khai
- 1 Decree No. 81/2002/ND-CP of October 17, 2002, detailing the implementation of a number of articles of the science and Technology Law
- 2 Law No. 32/2001/QH10 of December 25, 2001 on organization of the Government
- 3 Law No.21/2000/QH10, on Science and Technology, passed by the National Assembly
- 4 Law No. 12/1999/QH10 of June 12, 1999, amending and supplementing a number of articles of the press law
- 5 Law No. 29-LCT-HDNN of December 28, 1989, on press