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THE PRIME
MINISTER OF GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No. 54/1998/QD-TTg
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Hanoi, March
3, 1998
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DECISION
ISSUING THE
REGULATION ON MANAGEMENT AND EXECUTION OF TECHNO-ECONOMIC PROGRAMS FOR INFORMATION
TECHNOLOGY, BIOLOGICAL TECHNOLOGY, MATERIALS TECHNOLOGY AND AUTOMATION
TECHNOLOGY
THE PRIME MINISTER
Pursuant
to the Law on Organization of the Government of September 30, 1992;
Pursuant to the Government's Resolution No.49-CP of August 4, 1993 on the
development of the Information Technology, Resolution No.18-CP of March 11,
1994 on the development of the Biological Technology, Resolution No.88-CP of
December 31, 1996 on the development of the Materials Science and Technology
and Resolution No.27-CP of March 28, 1997 on the application and development of
the Automation Technology in service of the national industrialization and
modernization;
Pursuant to Decision No.531-TTg of August 8, 1996 of the Prime Minister on the
management of national programs;
At the proposal of the Minister of Science, Technology and Environment,
DECIDES:
Article 1.-
To issue together with this Decision the Regulation on Management and Execution
of Techno-Economic Programs for development and application of Information Technology,
Biological Technology, Materials Technology and Automation Technology in
service of the national industrialization and modernization.
Article 2.-
This Decision takes effect 15 days after its signing.
Article 3.-
The ministers of ministries in charge of techno-economic programs, who are at
the same time managers of such programs, the other 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
cities directly under the Central Government shall have to implement this
Decision.
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FOR THE PRIME MINISTER
DEPUTY PRIME MINISTER
Pham Gia Khiem
THE REGULATION
ON MANAGEMENT AND
EXECUTION OF TECHNO-ECONOMIC PROGRAMS FOR INFORMATION TECHNOLOGY, BIOLOGICAL
TECHNOLOGY, MATERIALS TECHNOLOGY AND AUTOMATION TECHNOLOGY
(Issued together with Decision
No.54/1998/QD-TTg of March 3, 1998 of the Prime Minister)
I.
GENERAL PROVISIONS
Article 1.-
Techno-economic programs (hereafter referred to as the programs) constitute a
comprehensive system of scientific-technological-production activities,
investment policies and measure, with technology being the motive force for
development so as to achieve the set economic targets.
The programs must create technological
capabilities strong enough to ensure the competitiveness of the main products
or technologies and play the key role in the national industrialization and
modernization.
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Article 2.-
A program shall consist of various techno-economic projects aimed to achieve
objectives set for each period and the overall objectives of the program.
Subject to the management shall be the program's objectives and investment
plans to be implemented through projects.
A project of the program is an assortment of
activities to perform a particular task in order to achieve one or several
specific objectives clearly set forth in the program with a given fund and
within a prescribed duration.
The general content of the program shall include
the scientific and technological activities of the techno-economic projects,
the building of scientific and technological capabilities, the formulation of
policies and pre-feasibility studies of projects on the manufacture of the main
products, in order to achieve objectives of the program.
The responsibility for investment in the
manufacture of main products according to the program's orientation shall rest
with enterprises. The State shall support enterprises through its preferential
treatment policies and may partly provide capital supports from its budget. The
capital supports from the State budget shall be determined and added to the
fund for application of technical advances and new technologies to production.
The enterprises shall also be provided with scientific-technological supports
(technological consultancy, technology transfer, personnel training,
establishment of scientific-technological institutions...).
Article 3.-
The management boards of the programs shall be established by decisions of the
Prime Minister and responsible for formulation, direction of implementation,
management and efficient operation of such programs. The programs shall exist
throughout the period of national industrialization and modernization and be
formulated on the principle of openness, and can be readjusted and supplemented
in cases where the conditions for funding or objectives of the programs change.
The programs shall be divided into phases and incorporated into five-year and
annual plans of the State.
II.
FORMULATION OF THE PROGRAM
Article 4.-
On the basis of the Socio-Economic Development Strategy and the
Scientific-Technological Development Strategy till the Year 2020, the
management boards of the programs shall organize the formulation of overall
plans till the year 2020, aimed to achieve the common objective of national
industrialization and modernization and dispersed into specific objectives to
be achieved in each five-year period. In the immediate future, the programs'
objectives to be achieved in the 1998-2005 period must be set.
Article 5.-
Steps of determining the contents of the programs include:
- Evaluating the actual situation of the fields
to be addressed by the programs;
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- Selecting main products and technologies for
the manufacture of the selected products;
- Developing scientific-technological resources
in association with the orientation of developing the main products;
- Studying and drawing up pre-feasibility
projects for the manufacture of the main products;
- Determining the total capital and mode of
mobilizing capital from various sources for the programs, which shall be
divided into annual capitals;
- Devising policies and measures to ensure the
implementation of the programs and organizing the manufacture of the main
products;
- Elaborating plans and timetable for
implementing the programs and assigning the tasks thereof;
- Integrating the tasks of the four programs to
be implemented in the same locality;
- Developing international co-operation.
Article 6.-
Basing themselves on the objectives and contents of the programs already
approved by the Prime Minister, the ministries, the State corporations, the
provinces and cities directly under the Central Government shall draw up and
approve techno-economic projects in accordance with the current regulations,
which shall serve as basis for consideration and arrangement of plans. The
investment plans of projects must be incorporated into socio-economic
development plans of such ministries, State corporations, provinces and cities
directly under the Central Government.
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- The evaluation of the program parts which have
already been implemented;
- The necessity of and reasons for the
adjustment;
- The contents of adjustment.
The Ministry of Planning and Investment shall
assume the prime responsibility and coordinate with the Ministry of Science,
Technology and Environment and the Ministry of Finance in organizing the
evaluation of the to-be adjusted contents before submitting them to the Prime
Minister for consideration and decision.
III. THE
MECHANISM FOR EXECUTION OF THE PROGRAMS
Article 8.-
The minister of the ministry in charge of a program who is at the same time
manager of such program shall be responsible to the Prime Minister for the
formulation, direction of implementation, management and efficient operation of
the program.
Article 9.-
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 cities directly under the Central Government
taking part in the programs shall be responsible for the formulation,
organization of implementation, management and efficiency of the projects
assigned to them and periodically report to the managers of the programs on the
implementation thereof.
Article
10.- The tasks, powers and organizational structure of the office of the
management board of a program:
1. The manager of the program shall be
responsible to the Prime Minister for all activities of the program.
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The members of the management board of the
program shall have to perform tasks assigned by the management board.
2. Each management board shall have its
assisting office which shall be located at the ministry in charge of the
program, entitled to use the seal and bank account of such ministry. The
specific functions of the office shall be defined by the minister of the
ministry in charge of the techno-economic program, who is at the same time the
manager of such program.
3. The management boards of the programs shall
have the following tasks and powers:
- To draw up the overall plans, five-year and
annual plans for the implementation of the programs, then submit them to the
Prime Minister for approval and organize the implementation of such plans,
including the evaluation, approval and allocation of funds for projects of
ministries, branches and localities taking part in the performance of tasks of
the programs.
- To oversee, guide and inspect the
implementation of projects of ministries, branches and localities; to handle
according to their jurisdiction or propose the Prime Minister to handle matters
arising in the course of implementation of the programs.
- To coordinate with the concerned agencies in
devising policies, regimes and measures for the implementation of the programs,
then submit them to the Prime Minister for promulgation. To issue documents
guiding the implementation of the Government's regulations and inspect such
implementation.
- To oversee and inspect the operations of the
enterprises manufacturing products according to the programs' orientation; to
provide consultancy to the State functional bodies on the application of
preferential regimes to the enterprises manufacturing the main products; to
provide scientific-technological assistance for enterprises;
- To periodically report on the implementation
of the programs and coordinate with the concerned agencies in evaluating and
accepting the results of the programs' implementation.
IV. THE
MECHANISM FOR MANAGEMENT OF THE PROGRAMS
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- To act as a coordinator to assist the
Government in monitoring and summing up the situation of formulating and
implementing the four programs; to coordinate with the Ministry of Planning and
Investment and the Ministry of Finance in managing, inspecting and evaluating
the implementation of the programs; to make quarterly and yearly reports to the
Prime Minister; to detect difficulties and problems arising in the course of
implementation of the programs and propose to the Prime Minister measures for
timely handling.
- To assume prime responsibility and coordinate
with the Ministry of Planning and Investment in methodologically guiding the
formulation of programs, the incorporation of contents of the
Scientific-Technological Development Strategy and scientific and technological
activities into the programs, and to propose to the Prime Minister for
promulgation the policies, measures and management mechanism to be collectively
applied to all four programs.
- To assume the prime responsibility and
coordinate with the Ministry of Planning and Investment, the Ministry of
Finance and the concerned ministries, branches and localities in evaluating and
accepting the results of implementation of the programs for each five-year
period.
Article
12.- The Ministry of Planning and Investment shall have the tasks:
- To assume the prime responsibility and
coordinate with the Ministry of Science, Technology and Environment, the
Ministry of Finance and the concerned ministries, branches and localities in
organizing the evaluation of the overall plans and five-year plans of the programs,
then submit them to the Prime Minister for consideration before they are
adopted by the National Assembly.
- To assume prime responsibility and coordinate
with the Ministry of Science, Technology and Environment and the Ministry of
Finance in summing up the objectives and tasks of the programs and proposing
the allocation of resources to ensure the fulfillment of the objectives and
tasks of the programs within each planning period.
Article
13.- The Ministry of Finance shall have the tasks:
- To assume the prime responsibility and
coordinate with the Ministry of Planning and Investment and the Ministry of
Science, Technology and Environment in planning the State budget allocations to
the programs within the total State budget estimates, then submit them to the
Government for consideration before they are submitted to the National Assembly
for adoption.
- To allocate fund to each approved program and
project according to plan; to guide and inspect the ministries in charge of the
programs in the observance of the current financial and accounting regulations.
To make a sum-up report on the annual fund allocation for each program and
ratify the final settlement of expenditures for the program and the completed
projects, submitting it to the Prime Minister and at the same time to the
Ministry of Planning and Investment and the Ministry of Science, Technology and
Environment.
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- Each year, under the plan elaboration guidance
of the Ministry of Planning and Investment and the Ministry of Finance, the
ministries in charge of the programs shall evaluate the performance in the
year, sum-up reports and propose the requirements related to objectives, tasks
and resources for the plan year of the programs, including the capital from the
State budget (capital for capital construction, non-business capital, borrowed
capital and aid from foreign governments), domestic and foreign credit capital,
and self-acquired capital of the units taking part in the implementation of the
programs,...then send them to the Ministry of Planning and Investment, the
Ministry of Finance and the Ministry of Science, Technology and Environment.
- After being informed by the Ministry of
Finance of the total fund for the programs, the ministries in charge of the
programs shall assume the prime responsibility and coordinate with the Ministry
of Finance, the Ministry of Planning and Investment and the Ministry of
Science, Technology and Environment in allocating the expenditure estimates for
the programs according to the objectives and tasks assigned to the ministries,
branches and localities; and send them to the Ministry of Finance, the Ministry
of Planning and Investment and the Ministry of Science, Technology and
Environment for incorporation into the plan of each ministry, branch or
locality for submission to the Prime Minister before plan quotas are assigned.
- The ministries in charge of programs shall
have to manage, execute and efficiently use the funds for the programs and make
quarterly and yearly reports on the use of such funds to the financial agencies
of the same level for monitoring, allocating and inspecting purposes.
- To coordinate with the concerned ministries,
branches and localities in evaluating and accepting the results of the annual
implementation of the programs and make sum-up reports on the completion of the
programs, then submit them to the Prime Minister.
Article
15.- The sources of the programs' funds and the mechanism for allocation
and management thereof shall be effected as follows:
The State budget allocations for the programs
shall be channeled from the central budget. For projects directly managed by
ministries and branches, the Ministry of Finance shall directly allocate funds
to such ministries and branches for implementation thereof. Funds for projects
managed by localities shall be allocated through the provincial/municipal
Finance and Pricing Departments. Projects using capital construction fund,
domestic or foreign credit capital, aid capital (both refundable and
non-refundable) shall be carried out in accordance with the current regulations
on the management of such capital sources.
The management of expenditure; and the final
settlement of funds for the programs shall comply with Decision No.531-TTg of
August 8, 1996 of the Prime Minister on the management of national programs and
documents guiding the implementation of this Decision.
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