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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No.
30/2006/ND-CP
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Hanoi,
March 29, 2006
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DECREE
ON SCIENTIFIC AND TECHNOLOGICAL
STATISTICS
THE GOVERNMENT
Pursuant to
the December 25, 2001 Law on Organization of the Government;
Pursuant to the June 9,2000 Science and Technology Law;
Pursuant to the June 26, 2003 Statistics Law;
At the proposal of the Minister of Science and Technology,
DECREES:
Chapter I
GENERAL
PROVISIONS
Article
1.- Scope of regulation
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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.
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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:
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- 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:
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- 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:
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- 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;
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- 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.
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SUPPLY,
COLLECTION AND PROCESSING OF SCIENTIFIC AND TECHNOLOGICAL STATISTICAL
INFORMATION
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:
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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;
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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:
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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
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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;
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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.
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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;
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- 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.
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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:
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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
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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.
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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.
Chapter III
PUBLICATION
AND USE OF SCIENTIFIC AND TECHNOLOGICAL STATISTICAL INFORMATION
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.
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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;
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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.
Chapter IV
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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.
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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.
Chapter V
IMPLEMENTATION
PROVISIONS
Article 27.- Handling of violations
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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.
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