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THE GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No. 169/2007/ND-CP
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Hanoi, November
19, 2007
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DECREE
ON MOBILIZATION OF SCIENTIFIC AND TECHNOLOGICAL RESOURCES
FOR PUBLIC SECURITY-RELATED WORK
THE GOVERNMENT
Pursuant to the December 25,
2001 Law on Organization of, the Government;
Pursuant to the December 3, 2004 Law on National Security;
Pursuant to the November 29, 2005 Law on Public Security;
Pursuant to the June 9, 2005 Law on Science and Technology;
At the proposal of the Minister of Public Security,
DECREES:
Chapter 1
GENERAL PROVISIONS
Article 1.
Governing scope
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2. The mobilization of
scientific and technological resources for public security-related work in case
of emergency state pronounced by the State is not governed by this Decree.
Article 2.
Subjects of application
This Decree applies to
Vietnamese agencies, organizations and citizens as well as foreign individuals
and organizations and international organizations operating in the Vietnamese
territory.
When treaties to which the
Socialist Republic of Vietnam is a contracting party otherwise provide for,
those treaties prevail.
Article 3.
Mobilization objectives
1. To tap and make full use of
scientific and technological resources with a view to raising the efficiency of
the public security-related work; to actively prevent and fight crimes; to
handle in time circumstances which may threaten national security and social
order and safety.
2. To increase the scientific
and technological resources of the public security force, contributing to
building a revolutionary, regular, crack and incrementally modern public
security force.
3. To efficiently use the state
budget sources invested in scientific and technological activities.
Article 4.
Mobilization principles
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2. The mobilization must be
decided by competent agencies or persons defined in Articles 13, 18, 19 and 21
of this Decree and strictly comply with the order and procedures prescribed in
this Decree.
3. Mobilized scientific and
technological resources must be used tor proper purposes, ensuring efficiency.
4. The State guarantees the
lawful rights and interests of organizations and individuals whose scientific
and technological resources are mobilized; compensates in lime and reasonably
organizations and individuals for their mobilized scientific and technological
resources.
5. Agencies, organizations and
individuals whose scientific and technological resources are mobilized in
service of public security-related work shall observe the legal provisions on
protection of state secrets.
6. The State encourages and
creates favorable conditions for domestic and foreign agencies, organizations
and individuals to voluntarily provide assistance with, or contribute
scientific and technological resources to the service of public
security-related work in order to protect national security and maintain social
order and safety.
Article 5.
Mobilization modes
Scientific and technological
resources shall be mobilized by the following modes:
1. Compulsion in case of urgency
or threat to national security as well as social order and safety.
2. Agreement between agencies
specialized in protection of national security, maintenance of social order and
safety and agencies, organizations or individuals.
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Article 6.
Mobilized objects
Scientific and technological
resources to be mobilized under this Decree cover:
1. Material and technical
foundations comprising machinery, technical equipment, information and
communication systems.
2. Research or business
organizations encased in scientific and technological activities.
3. Individuals involved in
scientific and technological activities.
4. Scientific and technological
achievements (scientific research and application results) relating to public
security-related work.
Article 7.
Mobilization priority order
1. Scientific and technological
resources are mobilized in the following priority order:
a/ Scientific and technological
resources managed by the State:
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c/ Scientific and technological
resources of domestic organizations or individuals not managed by the State;
d/ Scientific and technological
resources of foreign organizations or individuals as well as international
organizations operating in the territory of the Socialist Republic of Vietnam.
2. To prioritize the
mobilization of scientific and technological resources voluntarily contributed
by domestic and foreign organizations or individuals to the service of public
security-related work.
Article 8.
Transfer of mobilized objects
1. Organizations or individuals
being owners or managers of mobilized objects shall transfer them to mobilizing
agencies strictly under mobilization decisions of competent state agencies.
2. The transfer of mobilized
objects must be made in writing.
3. The Minister of Public
Security shall provide the order and procedures for transfer of mobilized objects.
Article 9.
Return of mobilized objects
1. Mobilization-deciding
agencies shall return mobilized objects to agencies, organizations or
individuals that own or manage them. The return of mobilized objects is earned
out upon:
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b/ The conclusion of activities
requiring the mobilization of scientific and technological resources;
c/ The expiration of the
mobilization duration without decisions to prolong the mobilization duration
issued by competent state agencies.
2. The return of mobilized
objects must be made in writing.
3. The Minister of Public
Security shall provide the order and procedures for reairn of mobilized
objects.
Article 10.
Budget for the mobilization of scientific and technological resources in
service of public security-related work
1. The state budget included in
the annual budget estimates of the Ministry of Public Security covers:
- Expenditures for scientific
and technological non-business activities;
- Regular expenditures on
security activities.
2. Other lawful funding sources
prescribed by law.
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4. The Ministry of Finance shall
assume the prime responsibility for, and coordinate with the Ministry of Public
Security in, providing detailed guidance on the management, use, settlement and
final settlement of funding for the mobilization specified in Clauses 1, 2 and
3 of this Article.
Article 11.
Prohibited acts
1. Mobilizing scientific and
technological resources ultra vires and incompliant with the order
and procedures specified in this Decree.
2. Taking advantage of the
mobilization of scientific and technological resources to infringe upon the
lawful rights and interests of organizations or individuals.
3. Hiding, dispersing,
appropriating or destroying scientific and technological resources to be
mobilized under decisions issued by competent state agencies.
4. Shirking, failing to abide by
or improperly abiding by mobilization decisions of competent state agencies.
5. Disclosing state secrets,
secrets of organizations or individuals in the mobilization of scientific and
technological resources in service of public security-related work.
6. Other violation acts
prescribed by law.
Chapter 2
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Article 12.
Formulation of mobilization plans
1. The mobilization of
scientific and technological resources in service of public security-related
work must be carried out under the mobilization plans approved by competent
bodies, except the mobilization provided in Article 21 of this Decree.
2. A plan on mobilization of scientific
and technological resources is formulated based on:
a/ Socio-economic development
strategies, plans or programs;
b/ The requirements of
increasing scientific and technological resources for the public security
force.
3. Plans on mobilization of scientific
and technological resources are special ones, which arc included in general
plans on science and technology and formulated annually and every five years.
Mobilization plans must have central points, key points, focussing on high
technologies in order to enhance the scientific and technological resources of
the public security force, ensuring national security and social order and
safety.
4. In case of urgency,
mobilization plans will be separately formulated and added.
5. A plan on mobilization of
scientific and technological resources must cover the following principal
contents:
a/ Mobilized objectives and
tasks;
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c/ Mobilization mode;
d/ Mobilization fund;
e/ Competence to decide on
mobilization of each type of mobilized objects;
f/ Responsibility to organize
the implementation of the mobilization plans.
6. The Ministry of Public
Security shall assume the prime responsibility for, and coordinate with the
Ministry of Science and Technology other ministries, ministerial-level
agencies, provincial-level Peoples Committees in, formulating five-year and
annual mobilization plans and submit them to the Prime Minister for approval.
Article 13.
Mobilization decisions
1. Based on mobilization plans
already approved by the Prime Minister, the Minister of Public Security shall
issue mobilization decisions.
2. A mobilization decision
covers the following contents:
a/ The mobilized objects;
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c/ The mobilization duration and
mobilization terminating time;
d/ The place and time for
execution of mobilization decisions;
e/ Rights and obligations of
organizations and individuals possessing or managing the mobilized objects.
3. Mobilization decisions must
be addressed to organizations or individuals possessing or managing the
mobilized objects.
Article 14.
Responsibilities to implement mobilization plans
1. The Ministry of Public
Security shall assume the prime responsibility for, and coordinate with
ministries, ministerial-level agencies and provincial-level Peoples Committees
in, organizing the implementation of mobilization plans approved by the Prime
Minister.
2. Ministries, ministerial-level
agencies and provincial-level Peoples Committees shall, within the ambit of
their tasks and powers, implement the mobilization plans approved by the Prime
Minister.
3. Organizations and individuals
subject to mobilization shall strictly and fully implement the plans on
mobilization of scientific and technological resources in service of public
security-related work under mobilization decisions of competent state bodies.
Article 15.
Supply of information on scientific and technological resources
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Article 16.
Mobilization of scientific and technological achievements
1. The State adopts policies to
encourage domestic and foreign organizations and individuals to transfer
advanced technologies and scientific and technological achievements for
enhancement of scientific and technological resources of the public security
force.
2. Based on annual and five-year
mobilization plans already approved by the Prime Minister, the Ministry of
Public Security shall coordinate with relevant ministries, branches and
agencies in organizing the implementation thereof. Technologies and scientific
and technological research achievements shall be mobilized in the following
forms:
a/ Purchase, receipt of transfer
of technologies as well as scientific research and technological development
results and achievements under the Law on Technology Transfer, the Law on
Intellectual Property and relevant laws.
b/ Compulsory purchase of
technologies, scientific research and technological development results and
achievements if they are of particularly importance for the maintenance of
national security and social order and safety. The compulsory purchase shall
comply with the provisions of law on compulsory purchase.
3. Agencies being transferred
with, or performing the mobilization of technologies or scientific and
technological results and achievements shall keep confidential mobilized
technologies and secret information related to mobilized scientific and
technological results and achievements.
Article 17.
Enhancement of scientific and technological personnel in service of public
security-related work
1. Based on annual and five-year
mobilization plans approved by the Prime Minister, the Ministry of Public
Security shall coordinate with the Ministry of Education and Training, relevant
ministries and agencies in organizing the training of scientific and
technological personnel in service of public security-related work.
2. The State adopts policies of
priority and creates conditions for the Ministry of Public Securitv to recruit and
mobilize trained scientific and technological cadres, experts and employees in
service of public security-related work and send qualified persons to study at
scientific and technological training establishments at home and abroad.
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3. Ministries, ministerial-level
agencies and provincial-level Peoples Committees shall direct their respective
training establishments to perform the tasks of training scientific and
technological personnel under plans on mobilization of scientific and
technological resources in service of public security-related work, which are
approved by competent authorities.
Article 18.
Mobilization of individuals engaged in scientific and technological activities
1. Individuals engaged in
scientific and technological activities arc mobilized by the following modes:
a/ Voluntary participation in
scientific and technological activities in service of public security-related
work by scientific and technological activists;
b/ Agreement between competent
state agencies and scientific and technological activists;
c/ Transfer of scientific and
technological activists among state agencies.
2. The Minister of Public
Security shall decide on mobilization of individuals engaged in scientific and
technological activities on the basis of agreement reached with agencies,
scientific and technological institutions managing those individuals or agreement
with scientific and technological activists if they work independently and are
not managed by state-run scientific and technological institutions according to
plans approved by the Prime Minister.
3. Mobilization decisions must
be notified to scientific and technological institutions where scientific and
technological activists work.
Article 19.
Mobilization of national material and technical foundations
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2. The mobilization of part or
whole of works, systems, equipment or technical means of state-run material and
technical foundations in service of public security -related work must be
approved by the Prime Minister in annual mobilization plans. Based on the
approved mobilization plans, the Minister of Public Security shall decide on
the mobilization.
Article 20.
Enhancement of material and technical foundations, information resources and
databases in service of public security-related work
1. The enhancement of material
and technical foundations, information resources and databases in service of
public security-related work is effected under mobilization plans approved by
the Prime Minister.
2. The State enhances material
and technical foundations, information resources and databases in service of
public security-related work through the following activities:
a/ Investing in the construction
of laboratories, testing stations, observation stations in professional domains
of the public security force;
b/ Renewing means, tools and
technologies in direct service of scientific research and technological
development activities of the public security force;
c/ Investing in the construction
of public security database systems.
Article 21.
Mobilization in circumstance of threat to national security, social order and
safety.
In circumstance of threat to
national security and social order and safety, the mobilization of scientific
and technological resources is carried out as follows:
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2. The Minister of Public
Security and agencies specialized in national security protection under the
Ministry of Public Security shall decide on the requisition of part or whole of
works, systems, equipment, technical means of state-run material and technical
foundations and the current users or operators of such works, systems,
equipment or means in service of public security-related work.
3. The compulsory purchase and
requisition order and procedures comply with provisions of law.
4. The mobilization decisions
defined in Clauses 1 and 2 of this Article take immediate implementation
effect.
5. Agencies, organizations and
individuals subject to mobilization shall implement the mobilization decisions
of competent state bodies or persons; in case of involuntary implementation,
they will be forced to do so under the provisions of law.
Chapter 3
RIGHTS AND OBLIGATIONS
OF, AND POLICIES TOWARDS AGENCIES, ORGANIZATIONS AND INDIVIDUALS SUBJECT TO
MOBILIZATION
Article 22.
Rights and obligations of agencies, organizations and individuals having their
scientific and technological resources mobilized
1. Agencies, organizations and
individuals having their scientific and technological resources mobilized enjoy
the following rights:
a/ To be informed of the mobilization
related to their scientific and technological resources;
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c/ To enjoy intellectual
property rights, to have their scientific and technological products kept
secret upon mobilization under provisions of law, to be secured with their
legitimate rights and interests arising from scientific and technological
activities in the course of implementing the mobilization decisions;
d/ Individuals, who hold or are
closely associated with state secrets in the scientific and technological
domains and are mobilized in service of public security-related work, are
protected under the provisions of law.
2. Agencies, organizations and
individuals having their scientific and technological resources mobilized have
the following obligations:
a/ To fully and promptly meet
the mobilization requirements under mobilization decisions of competent bodies;
b/ To keep the state secrets on
mobilization in accordance with the provisions of law on protection of state
secrets.
Article 23.
Policies towards mobilized scientific and technological activists
1. While being mobilized,
scientific and technological activists being cadres, officials or servants
salaried by the state budget will enjoy full pays, regimes and policies like
when they work at state agencies or organizations, which are paid by agencies
managing those individuals. Besides, they will enjoy allowances to be paid by
mobilizing public security agencies at the following levels:
a/ 30% of the salaries and
position based allowances (if any) they enjoy before the mobilization, other
allowances, if the mobilization duration is under six months;
b/ 50% of the salaries and
position-based allowances (if any) they enjoy before the mobilization, other
allowances, if the mobilization duration ranges from 6 months to under one
year;
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2. Scientific and technological
activists not salaried by the state budget, when mobilized, will enjoy pays,
remuneration at levels agreed between them and mobilizing agencies but not in
excess of the salary or remuneration levels of cadres, officials or servants
with equivalent salary scale and rank. In addition, they are entitled to
allowances specified at Points a, b and c, Clause 1 of this Article.
Pays to scientific and
technological activists not salaried by the state budget will be paid by
mobilizing public security agencies.
3. If they are mobilized to work
extra hours, on weekends or public holidays, scientific and technological
activists will enjoy regimes and policies applicable to laborers according to
the provisions of the Labor Code and relevant state regulations.
4. In addition to the regimes
and policies defined in Clauses 1, 2 and 3 of this Article, scientific and
technological activists with outstanding achievements will be commended or
rewarded and enjoy other preferential regimes prescribed by law.
5. The Ministry of Public
Security shall assume the prime responsibility for, and coordinate with the
Ministry of Home Affairs, the Ministry of Finance, the Ministry of Labor, War
Invalids and Social Affairs, and the Ministry of Science and Technology in,
guiding the implementation of preferential regimes and policies prescribed in
this Article for mobilized scientific and technological activists if they
suffer from physical damage (diseases, injuries, death).
Article 24.
Compensation to organizations and individuals for their mobilized material and
technical foundations
1. The compensation to state
agencies having their material and technical foundations mobilized adheres with
the provisions of law.
2. The compensation to
organizations and individuals having their material and technical foundations
mobilized complies with the following principles:
a/ All damage, losses caused to
mobilized objects due to the mobilization shall be reasonably compensated:
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c/The compensation must be made
in time.
3. The State ensures budget for
compensation when material and technical foundations are mobilized for public
security -related work.
Chapter 4
IMPLEMENTATION PROVISIONS
Article 25.
Commendation, reward, handling of violations and settlement of complaints and
denunciations
1. Agencies, organizations and
individuals with achievements in the mobilization of scientific and
technological resources for public security-related work are commended or
rewarded in accordance with law.
2. Agencies, organizations and
individuals that violate the provisions-of this Decree shall, depending on the
nature and severity of their violations, be disciplined, administratively
sanctioned or examined for penal liability; if causing damage, they shall pay
compensation according to law.
3. Agencies, organizations and
individuals may complain about or denounce acts of infringing upon their lawful
rights and interests in the mobilization of scientific and technological
resources for public security-related work. Complaints, denunciations and the
settlement thereof comply with the Law on Complaints and Denunciations.
Article 26.
Implementation effect
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Article 27.
Implementation responsibilities
The Minister of Public Security
shall guide and organize the implementation of this Decree.
Ministers, heads of ministerial-level
agencies heads of government-attached agencies, presidents of
provincial/municipal Peoples Committees, and concerned organizations and
individuals shall implement this Decree.
ON BEHALF OF THE
GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung