MINISTRY OF SCIENCE AND THE SOCIALIST REPUBLIC OF VIETNAM TECHNOLOGY Independence - Freedom - Happiness ------------------------ ---------------------------------------- No: 687/QĐ-BKHCN Hanoi, April 14, 2014 DECISION On issuing the Regulation on Organization and Operation of Certification Office of Hi-Tech Activities MINISTER OF SCIENCE AND TECHNOLOGY Pursuant to Decree No. 20/2013/ND-CP dated February 26, 2013 by the Government on defining the functions, tasks, powers and organizational structure of the Ministry of Science and Technology; Pursuant to Decision No. 301/QĐ-TTg dated February 27, 2014 of the Prime Minister on issuing the list of public administrative agencies under Minister of Science and Technology; At the proposal of the Director of the Department of Organization and Personnel, DECIDES: Article 1. The Certification Office of Hi-Tech Activities and S&T Enterprises is renamed into the Certification Office of Hi-Tech Activities. Article 2. The Regulation on Organization and Operation of the Certification Office of Hi-Tech Activities is issued enclosed herewith this Decision. Article 3. This Decision will be put into effect as of signing and will replace Decision No.3432/QD-BKHCN dated November 04, 2011 by the Ministry of Science and Technology on issuing the Regulation on Organization and Operation of the Certification Office of Hi-Tech Activities and S&T Enterprises. Article 4. The Director of Certification Office of Hi-Tech Activities, Director of Department of Organization and Personnel and leaders of related agencies are responsible for implementing this Decision. Cc: THE MINISTER - As in Article 4; - Archived in the Office, Department of Organization and Personnel. Nguyen Quan MINISTRY OF SCIENCE AND THE SOCIALIST REPUBLIC OF VIETNAM TECHNOLOGY Independence - Freedom - Happiness ------------------------ --------------------------------------REGULATION on Organization and Operation of Certification Office of Hi-Tech Activities (Issued enclosed herewith Decision No.687/QD-BKHCN dated April 14, 2014 by the Minister of Science and Technology) Chapter I FUNCTIONS, TASKS AND POWERS Article 1. Position and Functions 1. The Certification Office of Hi-Tech Activities (hereinafter called the Certification Office) is an administrative agency under the Ministry of Science and Technology, which assists the Minister to fulfill functions of managing and organizing the implementation of registration and issuance of certificates for hi-tech application activities, research and development of high technology, newly established enterprises from projects on investing and manufacturing hi-tech products, hi-tech enterprises, hi-tech incubation units and hi-tech enterprise incubation units (hereinafter called the Certificate for Hi-tech activities). The office has the English transaction name of Certification Office of Hi-Tech Activities (in short called COHA). 2. The Certification Office operates with the self-managed and responsible mechanism, which applies for public administrative offices as regulated in Decree No. 43/2006/NĐ-CP dated 25/4/2006 by the Government. 3. The Office has its legal status, own stamp and can open the bank account at the State Treasury and Bank to operate and carry out transactions as stipulated by laws. The Office has its headquarter in the Ministry of Science and Technology. Article 2. Tasks and powers 1. Organizing the receipt, appraisal of documents and submitting to the Minister for deciding the issuance of Certificates for hi-tech activities within authorities of the Ministry of Science and Technology. 2. Chairing, coordinating with relevant agencies under the Ministry to provide guidelines, supervising and examining the operational status of organizations and 2 individuals which are issued with Certificates for hi-tech activities by the Ministry of Science and Technology. 3. Chairing, coordinating with relevant agencies under the Ministry to organize conferences, workshops, and training and provide updated professional knowledge and skills for organizations and individuals within the assigned functions and tasks. 4. Discovering, settling issues arising from during the process of issuing Certificates for hi-tech activities; submitting to the Minister or proposing the competent agencies to solve issues which are beyond its responsibilities as stipulated by laws. 5. Following information and reporting mechanisms biannually, annually or urgently as required by the Minister of Science and Technology. 6. Carrying out statistical work, monitoring, classifying and consolidating, establishing database on high-tech activities, enterprises newly established from projects on investing and manufacturing hi-tech products, hi-tech enterprises, hi-tech incubation units and hi-tech enterprise incubation units; developing and managing the website of the Certification Office within the assigned functions and tasks. 7. Studying, proposing scientific backgrounds for the development of certification process, conditions and procedures for hi-tech activities 8. Managing the organization, staff, financial resources, assets and documents of the Certification Office according the Ministry’s delegation of authority as stipulated by laws. 9. Carrying out other tasks as assigned by the Minister. Chapter II ORGANIZATIONAL STRUCTURE AND WORKING MECHANISM Article 3. Leaders of the Certification Office 1. Leaders of the Certification Office consist of the Director and Deputy Directors. 2. The Director of the Certification Office is appointed, dismissed by the Minister of Science and Technology and responsible to the Minister and to the laws for the Office’s entire organization and operations. 3. Deputy Directors of the Certification Office assists the Director with the Certification Office’s work; are allowed to make decisions on issues under their assigned management scopes and responsible to the Director for their assigned tasks. 3 The Deputy Directors are appointed, dismissed by the Minister of Science and Technology based on the proposals of the Director of the Certification Office. 4. In case the Director is absent, one Deputy Director is authorized to manage and deal with the Office’s work on behalf of the Director. Article 4. Human resources of the Certification Office 1. Officials and permanent staff. 2. Staff working with labor contracts. 3. Staff holding concurrent positions, collaborators. Article 5. Working mechanism 1. The Certification Office organizes its work according to a mechanism in which the leadership integrates with collective discussion. When it is necessary, the Director of the Certification Office is entitled to establish taskforces and working groups to fulfill the assigned tasks and specify specific tasks for these taskforces and working groups. 2. The Certification Office is responsible for coordinating with S&T management agencies of Ministries, branches, localities, relevant organizations and individuals as stipulated in the implementation of assigned functions and tasks. 3. The Certification Office is responsible for closely coordinating with related agencies, organizations and individuals outside the Ministry as stipulated in the implementation of assigned functions and tasks. Chapter III FINANCE AND ASSETS Article 6. Finance resources of the Certification Office 1. Income: a) From the State budget. b) From sponsor of domestics and foreign organizations and individuals. c) Other legal income sources (if any). 2. Expenses: a) Payment for regular activities according to the assigned functions and tasks; b) Payment for wages, salary and allowance. c) Other expenses as stipulated by laws. Article 7. Financial and asset management The Director of the Certification Office is responsible for managing and efficiently using the Office's financial sources; fulfill tasks of contributing to State 4 budget; contribute a part to establish types of funds and follows the accounting system and financial management as stipulated by laws. Chapter IV IMPLEMENTATION PROVISIONS Article 8. The enforceability validity 1. This Regulation is put into effect as of the date of signing. 2. The Director of the Certification Office coordinates with the Director of Department of Organization and Personnel to implement this Regulation. Article 9. The amendment and supplementation of this Regulation The amendment and supplementation of this Regulation is carried out by the Director of the Certification Office in coordination with the Director of Department of Organization and Personnel to submit to the Minister of Science and Technology for review and approval. THE MINISTER Nguyen Quan 5