Nghị định 133/2025/NĐ-CP quy định về phân quyền, phân cấp trong lĩnh vực quản lý Nhà nước của Bộ Khoa học và Công nghệ

DECREE

ON DEVOLUTION AND DELEGATION IN THE STATE MANAGEMENT SECTOR OF THE MINISTRY OF SCIENCE AND TECHNOLOGY

Pursuant to the Law on Organization of the Government 2025;

Pursuant to the Law on Organization of Local Government 2025;

Pursuant to Resolution No. 190/2025/QH15 dated February 19, 2025 of the National Assembly on addressing certain issues related to the reorganization of the state administrative apparatus;

At the proposal of the Minister of Science and Technology;

The Government promulgates the Decree on devolution and delegation in the state management sector of the Ministry of Science and Technology.

Chapter I

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Article 1. Scope

This Decree provides for authority, procedures for carrying out tasks and powers of agencies and competent persons in the state management sector of the Ministry of Science and Technology as prescribed in laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, decrees of the Government, and decisions of the Prime Minister that require adjustment to implement devolution and delegation.

Article 2. Principles of devolution and delegation

1. Ensure compliance with the Constitution; conformity with the principles and regulations on devolution and delegation as prescribed in the Law on Organization of the Government 2025 and the Law on Organization of Local Government 2025.

2. Ensuring thorough delegation of tasks between central regulatory agencies and local governments, ensuring uniform state management authority of the Government, executive authority of the head of the Government in the state management sector of science and technology, and promoting proactiveness, creativity and self-accountability of local governments in carrying out state management tasks in the science and technology sector.

3. Ensuring that the Government, the Prime Minister, ministries and ministerial agencies focus on carrying out state management tasks at the macro level, including institutional development, strategies, planning and synchronized master plans, playing a facilitative role and strengthening inspection, examination and supervision.

4. Promoting devolution and delegation and clearly defining powers of the People’s Councils, People’s Committees and Presidents of the People’s Committees; clearly distinguishing between collective authority of the People’s Committees and individual authority of the Presidents of the People’s Committees, ensuring consistency with assigned tasks, powers and capacity of competent agencies and persons.

5. Implementing devolution and delegation among related sectors and domains in a synchronized, integrated and interconnected manner, without omission or overlap of tasks; ensuring a legal basis for normal, continuous and smooth operation of agencies; avoiding work disruption, overlap, duplication or omission of functions, tasks, domains and territories.

6. Ensuring human rights and citizens’ rights; ensuring publicity and transparency; enabling individuals and organizations to access information and carry out their rights, obligations and procedures in accordance with law; avoiding adverse impacts on normal operation of society, citizens and enterprises.

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8. Resources for carrying out devolved and delegated tasks shall be ensured by the state budget in accordance with law.

Article 3. Fees and charges

For administrative procedures requiring payment of fees and charges in accordance with law, individuals and organizations shall submit such fees and charges to the receiving authority upon submission of applications for settlement of administrative procedures. Fee and charge rates and management and use of fees and charges shall comply with regulations of the Government, the Minister of Finance or the province-level People’s Council for corresponding fees and charges.

Chapter II

DEVOLUTION

Section 1. TELECOMMUNICATIONS

Article 4. Granting, amendment, re-granting, extension and revocation of telecommunications service business licenses; mandatory termination of telecommunications service provision

1. Granting, amendment, re-granting, extension, revocation of licenses for provision of non-facilities-based telecommunications services of terrestrial fixed telecommunications service type (telecommunications services provided on terrestrial fixed telecommunications networks) in accordance with Clause 4 Article 33 of the Law on Telecommunications shall be carried out as follows:

a) Granting, amendment, re-granting and extension of licenses shall be carried out by the province-level People’s Committee where the enterprise has its head office;

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2. Granting, amendment, re-granting, extension and revocation of licenses for provision of facilities-based telecommunications services using terrestrial fixed public telecommunications networks not using radio frequencies and not using telecommunications subscriber numbers, with network establishment scope within one province or centrally-affiliated city, in accordance with Clause 4 Article 33 of the Law on Telecommunications, shall be carried out by the province-level People’s Committee where the enterprise plans to establish or is establishing telecommunications networks.

3. Requests for termination of telecommunications service provision in accordance with Clause 4 Article 33 of the Law on Telecommunications shall be carried out by the province-level People’s Committee that issued the certificate of registration for telecommunications service provision or received the notification of telecommunications service provision.

4. Procedures for revocation of telecommunications service business licenses and requests for termination of telecommunications service provision shall be carried out as follows:

a) In cases of revocation of telecommunications service business licenses under Points a, b, c and h Clause 1 Article 40 of the Law on Telecommunications, and cases requiring termination of telecommunications service provision under Points a, b and c Clause 2 Article 40 of the Law on Telecommunications, after receipt of decisions or confirmations of competent regulatory agencies regarding enterprise violations, the province-level People’s Committee shall issue a decision on revocation of the telecommunications service business license, a decision requiring termination of telecommunications service provision, and revoke the certificate of registration for telecommunications service provision within its authority;

b) In cases of revocation of telecommunications service business licenses under Points d and dd Clause 1 Article 40 of the Law on Telecommunications, and cases requiring termination of telecommunications service provision under Point d Clause 2 Article 40 of the Law on Telecommunications, the province-level People’s Committee shall notify the enterprise of violations and request explanations.

After 15 days from the end of the deadline stated in the notice, if the enterprise fails to submit written explanations proving service provision to the market or fails to provide opinions regarding suspension of telecommunications services for 1 consecutive year without notification, the province-level People’s Committee shall issue a decision on revocation of the telecommunications service business license, a decision requiring termination of telecommunications service provision, and revoke the certificate of registration for telecommunications service provision within its authority.

Where an enterprise fails to fully roll out telecommunications networks as committed and is sanctioned in accordance with law on handling of administrative violations, and after 1 year from the date of sanction fails to remedy such violations, the province-level People’s Committee shall issue a decision on revocation of the telecommunications license within its authority;

c) Where an enterprise terminates all telecommunications service business activities specified in its license or certificate of registration for telecommunications service provision and has completed procedures for termination in accordance with law, the province-level People’s Committee shall issue a decision on revocation of the telecommunications service business license and certificate of registration for telecommunications service provision within its authority;

d) Where an enterprise has not officially provided services or has not officially utilized telecommunications networks and voluntarily returns the telecommunications service business license or certificate of registration for telecommunications service provision due to changes in business orientation or inability to roll out operations in licensed contents, the province-level People’s Committee shall issue a decision on revocation of such license and certificate within 10 working days from the date of receipt of the application for revocation using Form No. 16 in Appendix I enclosed with this Decree;

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5. Procedures for granting, amendment, extension and re-granting of licenses are prescribed in Sections V, VI, VII and VIII of Appendix I enclosed with this Decree.

Section 2. INTELLECTUAL PROPERTY

Article 5. Recognition of organizations meeting conditions for industrial property representation service business

1. Recognition of organizations meeting conditions for industrial property representation service business as prescribed in Clause 1 Article 156 of the Law on Intellectual Property shall be carried out by the province-level People’s Committee.

2. Procedures for recognition of organizations meeting conditions for industrial property representation service business are prescribed in Section I and Clause 4 Section II of Appendix III.1 enclosed with this Decree.

Article 6. Recognition of individuals meeting conditions for practicing industrial property representation services

1. Recognition of individuals meeting conditions for practicing industrial property representation services as prescribed in Clause 1 Article 156 of the Law on Intellectual Property shall be carried out by the province-level People’s Committee.

2. Procedures for recognition of individuals meeting conditions for practicing industrial property representation services are prescribed in Section I and Clause 5 Section II of Appendix III.1 enclosed with this Decree.

Article 7. Removal of names of industrial property representation service organizations

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2. Procedures for removal of names of industrial property representation service organizations are prescribed in Section I and Clause 7 Section II of Appendix III.1 enclosed with this Decree.

Article 8. Removal of names of industrial property representatives

1. Removal of names of industrial property representatives as prescribed in Clause 2 Article 156 of the Law on Intellectual Property (as amended by Clause 62 Article 1 of the Law on amendments the Law on Intellectual Property 2022) shall be carried out by the province-level People’s Committee.

2. Procedures for removal of names of industrial property representatives are prescribed in Section I and Clause 8 Section II of Appendix III.1 enclosed with this Decree.

Article 9. Decision on compulsory transfer of the right to use inventions

1. Decisions on compulsory transfer of the right to use inventions as prescribed in Points b, c and d Clause 1 Article 145 and Clause 1 Article 147 of the Law on Intellectual Property (as amended by Clause 58 Article 1 of the Law on amendments to the Law on Intellectual Property 2022) shall be issued by the province-level People’s Committee.

2. Procedures for issuance of decisions on compulsory transfer of the right to use inventions are prescribed in Section I and Clause 1 Section V of Appendix III.1 enclosed with this Decree.

Article 10. Processing of applications for registration of contracts on transfer of the right to use industrial property objects

1. Tasks of processing applications for registration of contracts on transfer of the right to use industrial property objects as prescribed in Clause 3 Article 148 of the Law on Intellectual Property (as amended by Clause 9 Article 2 of the Law on amendments to the Law on Insurance Business and the Law on Intellectual Property 2019) shall be carried out by the province-level People’s Committee.

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Section 3. SCIENCE AND TECHNOLOGY

Article 11. Approval of technology transfer

1. Approval of technology transfer as prescribed in Clause 4 Article 29 of the Law on Technology Transfer shall be carried out by the province-level People’s Committee.

2. Procedures for approval of technology transfer are prescribed in Section I of Appendix VI enclosed with this Decree.

Article 12. Granting of technology transfer licenses

1. Granting of technology transfer licenses as prescribed in Clause 5 Article 30 of the Law on Technology Transfer shall be carried out by the province-level People’s Committee.

2. Procedures for granting of technology transfer licenses are prescribed in Section II of Appendix VI enclosed with this Decree.

Article 13. Permission for establishment of science and technology organizations with foreign capital

1. Permission for establishment of science and technology organizations with foreign capital within the provincial territory as prescribed in Point b Clause 3 Article 11 of the Law on Science and Technology shall be carried out by the province-level People’s Committee.

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Article 14. Granting of licenses for establishment of representative offices and branches in Vietnam of foreign science and technology organizations

1. Granting of licenses for establishment of representative offices and branches in Vietnam of foreign science and technology organizations within the provincial territory as prescribed in Clause 3 Article 15 of the Law on Science and Technology shall be carried out by the province-level People’s Committee.

2. Procedures for granting of licenses for establishment of representative offices and branches in Vietnam of foreign science and technology organizations within the provincial territory are prescribed in Sections VII of Appendix VI enclosed with this Decree.

Article 15. Approval of the National Technology Innovation Program

Approval of the National Technology Innovation Program as prescribed in Clause 2 Article 37 of the Law on Technology Transfer shall be carried out by the Minister of Science and Technology.

Article 16. Approval of programs for development of the national science and technology market

Approval of programs for development of the national science and technology market as prescribed in Clause 2 Article 41 of the Law on Technology Transfer shall be carried out by the Minister of Science and Technology.

Article 17. Decision on programs, schemes and policies on technology import, development of the science and technology market, and promotion of technology transfer, application and innovation activities

Decision on programs, schemes and policies on technology import, development of the science and technology market, and promotion of technology transfer, application and innovation as prescribed in Clause 2 Article 54 of the Law on Technology Transfer shall be carried out by the Minister of Science and Technology.

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DELEGATION

Section 1. TELECOMMUNICATIONS

Article 18. Settlement of disputes in telecommunications service business

1. Settlement of disputes in telecommunications service business in respect of disputes of telecommunications enterprises falling within the scope of a facilities-based telecommunications service license, for terrestrial fixed public telecommunications networks not using radio frequencies and not using telecommunications subscriber numbers with the scope of telecommunications network establishment within one province or centrally-affiliated city as prescribed in Clauses 1 and 2 Article 14 of Decree No. 163/2024/ND-CP dated December 24, 2024 of the Government on elaboration of certain articles and measures for implementation of the Law on Telecommunications (hereinafter referred to as Decree No. 163/2024/ND-CP) shall be carried out by the People’s Committee of the province where the enterprise rolls out network establishment in accordance with the license.

2. Settlement of disputes in telecommunications service business in respect of disputes of telecommunications enterprises falling within the scope of a telecommunications service business license for terrestrial fixed telecommunications services (telecommunications services provided on terrestrial fixed telecommunications networks) as prescribed in Clauses 1 and 2 Article 14 of Decree No. 163/2024/ND-CP shall be carried out by the People’s Committee of the province that granted the license to the enterprise.

3. Procedures for settlement of disputes in telecommunications service business are prescribed in Section I of Appendix I enclosed with this Decree.

Article 19. Suspension of telecommunications service business

 1. Consideration of an application for suspension of telecommunications service business of a telecommunications enterprise in respect of a facilities-based telecommunications service license for terrestrial fixed public telecommunications networks not using radio frequencies and not using telecommunications subscriber numbers with the scope of telecommunications network establishment within one province or centrally-affiliated city as prescribed in Clause 1 Article 13 of Decree No. 163/2024/ND-CP shall be carried out by the People’s Committee of the province where the enterprise rolls out network establishment in accordance with the license.

2. Consideration of an application for suspension of telecommunications service business of a telecommunications enterprise in respect of a telecommunications service business license for terrestrial fixed telecommunications services (telecommunications services provided on terrestrial fixed telecommunications networks) as prescribed in Clause 1 Article 13 of Decree No. 163/2024/ND-CP shall be carried out by the People’s Committee of the province that granted the license to the enterprise.

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Article 20. Granting of certificate of registration for provision of telecommunications services

1. Granting of a certificate of registration for provision of telecommunications services as prescribed in Clause 4 Article 44 of Decree No. 163/2024/ND-CP shall be carried out by the People’s Committee of the province where the enterprise’s head office is located.

2. Procedures for granting of a certificate of registration for provision of telecommunications services are prescribed in Section III of Appendix I enclosed with this Decree.

Article 21. Receipt of notification of provision of telecommunications services

1. Receipt of a notification of provision of telecommunications services as prescribed in Point a Clause 1 and Clauses 4 and 5 Article 45 of Decree No. 163/2024/ND-CP shall be carried out by the People’s Committee of the province where the enterprise’s head office is located.

2. Procedures for receipt of a notification of provision of telecommunications services are prescribed in Section IV of Appendix I enclosed with this Decree.

Article 22. Granting of certificate of interconnection registration for provision of information content services on mobile telecommunications networks

1. Granting of a certificate of interconnection registration for provision of information content services on mobile telecommunications networks to organizations and enterprises as prescribed in Clause 2 Article 71 of Decree No. 147/2024/ND-CP dated November 9, 2024 of the Government on management, provision and use of Internet services and information on networks (hereinafter referred to as Decree No. 147/2024/ND-CP) shall be carried out by the People’s Committee of the province where the organization or enterprise’s head office is located.

2. Procedures for granting of a certificate of interconnection registration for provision of information content services on mobile telecommunications networks are prescribed in Section IX of Appendix I enclosed with this Decree.

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1. Consideration of an application for amendment of a certificate of interconnection registration for provision of information content services on mobile telecommunications networks for organizations and enterprises as prescribed in Clause 3 Article 72 of Decree No. 147/2024/ND-CP shall be carried out by the People’s Committee of the province where the organization or enterprise’s head office is located.

2. Procedures for amendment of a certificate of interconnection registration for provision of information content services on mobile telecommunications networks are prescribed in Section X of Appendix I enclosed with this Decree.

Article 24. Extension of certificate of interconnection registration for provision of information content services on mobile telecommunications networks

1. Consideration of an application for extension of a certificate of interconnection registration for provision of information content services on mobile telecommunications networks for organizations and enterprises as prescribed in Clause 4 Article 72 of Decree No. 147/2024/ND-CP shall be carried out by the People’s Committee of the province where the organization or enterprise’s head office is located.

2. Procedures for extension of a certificate of interconnection registration for provision of information content services on mobile telecommunications networks are prescribed in Section XI of Appendix I enclosed with this Decree.

Article 25. Re-granting of certificate of interconnection registration for provision of information content services on mobile telecommunications networks

1. Consideration of an application for re-granting of a certificate of interconnection registration for provision of information content services on mobile telecommunications networks for organizations and enterprises as prescribed in Clause 5 Article 72 of Decree No. 147/2024/ND-CP shall be carried out by the People’s Committee of the province where the organization or enterprise’s head office is located.

2. Procedures for re-granting of a certificate of interconnection registration for provision of information content services on mobile telecommunications networks are prescribed in Section XII of Appendix I enclosed with this Decree.

Article 26. Suspension and revocation of certificate of interconnection registration, and request for temporary suspension, suspension or refusal of interconnection with enterprises providing information content services on mobile telecommunications networks

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a) The province-level People’s Committee shall issue a Decision on suspension of interconnection for provision of information content services on mobile telecommunications networks for a period of 3 months where the organization or enterprise commits a violation falling within one of the cases prescribed in Clause 1 Article 73 of Decree No. 147/2024/ND-CP;

b) The province-level People’s Committee shall issue a decision on revocation of the certificate of interconnection registration for provision of information content services on mobile telecommunications networks in the cases prescribed in Clause 2 Article 73 of Decree No. 147/2024/ND-CP.

2. Procedures for suspension of interconnection for provision of information content services on mobile telecommunications networks and revocation of a certificate of interconnection registration for provision of information content services on mobile telecommunications networks:

a) Where a competent authority detects and notifies that an organization or enterprise violates the provisions in Point a Clause 1 Article 73 of Decree No. 147/2024/ND-CP, the province-level People’s Committee shall issue a Decision on suspension of interconnection for provision of information content services on mobile telecommunications networks for a period of 3 months;

b) Where a competent authority detects and notifies that an organization or enterprise violates the provisions in Point b Clause 1 Article 73 of Decree No. 147/2024/ND-CP, the province-level People’s Committee shall issue a written notice requesting the organization or enterprise to remedy. After 15 days from the end of the remedial period specified in the written notice, if the organization or enterprise fails to remedy, the competent authority granting the certificate shall issue a Decision on suspension of the certificate of interconnection registration for provision of information content services on mobile telecommunications networks for a period of 3 months;

c) Where it is detected or reported that an organization or enterprise violates the provisions in Article 8 of the Law on Cybersecurity, the province-level People’s Committee shall transfer relevant contents to a competent authority for consideration, verification and opinions as a basis for carrying out the provisions in Points a and b Clause 3 Article 73 of Decree No. 147/2024/ND-CP;

d) Where an organization or enterprise falls within one of the cases prescribed in Clause 2 Article 73 of Decree No. 147/2024/ND-CP, the province-level People’s Committee shall issue a decision on revocation of the certificate of interconnection registration for provision of information content services on mobile telecommunications networks and concurrently send the Ministry of Science and Technology (Telecommunications Authority) one copy of the decision for cooperation in management tasks.

Article 27. Allocation of H2H mobile subscriber numbers through auction; return of H2H mobile subscriber numbers allocated through auction

1. Allocation of H2H mobile subscriber numbers through auction as prescribed in Point b Clause 2 Article 7 of Decree No. 115/2025/ND-CP dated June 3, 2025 of the Government on elaboration of certain articles of the Law on Telecommunications regarding management of telecommunications numbering resources and Internet resources; compensation upon the State’s revocation of telecommunications codes and numbers and Internet resources; auction of the right to use telecommunications codes and numbers and the Vietnam national domain name “.vn” (hereinafter referred to as Decree No. 115/2025/ND-CP) shall be carried out by the province-level People’s Committee.

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3. Procedures for allocation of H2H mobile subscriber numbers through auction are prescribed in Section XIII of Appendix I enclosed with this Decree.

4. Procedures for consideration of an application for return of H2H mobile subscriber numbers allocated through auction are prescribed in Section XIV of Appendix I enclosed with this Decree.

Section 2. RADIO FREQUENCIES

Article 28. Granting, re-granting, extension, amendment, and revocation of license for use of radio frequencies and radio equipment, and handling of an application for cessation of use of radio frequencies in respect of radio stations installed on fishing vessels

1. Granting, re-granting, extension, amendment, and revocation of a license for use of radio frequencies and radio equipment, and handling of an application for cessation of use of radio frequencies in respect of radio stations installed on fishing vessels as prescribed in Clause 2 Article 5 of Decree No. 63/2023/ND-CP dated August 18, 2023 of the Government on elaboration of certain articles of the Law on Radio Frequencies No. 42/2009/QH12, as amended by Law No. 09/2022/QH15 (hereinafter referred to as Decree No. 63/2023/ND-CP) shall be carried out by the province-level People’s Committee.

2. Procedures for granting, re-granting, extension, amendment, and revocation of a license for use of radio frequencies and radio equipment, and handling of an application for cessation of use of radio frequencies in respect of radio stations installed on fishing vessels are prescribed in Sections I, II and III of Appendix II and Appendix II.1 enclosed with this Decree.

Article 29. Granting, re-granting, extension, amendment, and revocation of license for use of radio frequencies and radio equipment, and handling of an application for cessation of use of radio frequencies in respect of amateur radio stations

1. Granting, re-granting, extension, amendment, and revocation of a license for use of radio frequencies and radio equipment, and handling of an application for cessation of use of radio frequencies in respect of amateur radio stations as prescribed in Clause 2 Article 5 of Decree No. 63/2023/ND-CP shall be carried out by the province-level People’s Committee.

2. Procedures for granting, re-granting, extension, amendment, and revocation of a license for use of radio frequencies and radio equipment, and handling of an application for cessation of use of radio frequencies in respect of amateur radio stations are prescribed in Sections IV, V and VI of Appendix II and Appendix II.1 enclosed with this Decree.

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1. Granting, re-granting, extension, amendment, and revocation of a license for use of radio frequencies and radio equipment, and handling of an application for cessation of use of radio frequencies in respect of ship stations (excluding ship stations operating on international routes) as prescribed in Clause 2 Article 5 of Decree No. 63/2023/ND-CP shall be carried out by the province-level People’s Committee.

2. Procedures for granting, re-granting, extension, amendment, and revocation of a license for use of radio frequencies and radio equipment, and handling of an application for cessation of use of radio frequencies in respect of ship stations (excluding ship stations operating on international routes) are prescribed in Sections VII, VIII and IX of Appendix II and Appendix II.1 enclosed with this Decree.

Article 31. Granting, re-granting, extension, amendment, and revocation of license for use of radio frequencies and radio equipment, and handling of an application for cessation of use of radio frequencies in respect of internal radio communication networks

2. Procedures for granting, re-granting, extension, amendment, and revocation of a license for use of radio frequencies and radio equipment, and handling of an application for cessation of use of radio frequencies in respect of internal radio communication networks are prescribed in Sections X, XI and XII of Appendix II and Appendix II.1 enclosed with this Decree.

Article 32. Granting, re-granting and revocation of certificate recognizing organizations eligible to issue amateur radio operator certificates

1. Granting, re-granting and revocation of a certificate recognizing organizations eligible to issue amateur radio operator certificates as prescribed in Clause 4 Article 59, Clause 5 Article 60, and Clause 2 Article 61 of Decree No. 63/2023/ND-CP shall be carried out by the province-level People’s Committee.

2. Procedures for granting, re-granting and revocation of a certificate recognizing organizations eligible to issue amateur radio operator certificates are prescribed in Sections XIII and XIV of Appendix II and Appendix II.2 enclosed with this Decree.

Article 33. Granting, re-granting and revocation of certificate recognizing organizations eligible to provide training and issue maritime radio operator certificates

1. Granting, re-granting and revocation of a certificate recognizing organizations eligible to provide training and issue maritime radio operator certificates as prescribed in Clause 4 Article 69, Clause 5 Article 70, and Clause 2 Article 71 of Decree No. 63/2023/ND-CP shall be carried out by the province-level People’s Committee.

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Section 3. INFORMATION TECHNOLOGY AND DIGITAL TRANSFORMATION

Article 34. Appraisal of basic design of Group A information technology application investment projects at localities

1. Appraisal of basic design of Group A information technology application investment projects at localities as prescribed in Clause 1 Article 20 of Decree No. 73/2019/ND-CP dated September 5, 2019 of the Government on management of investment in information technology applications using state budget funds, as amended at Clause 15 Article 1 of Decree No. 82/2024/ND-CP dated July 10, 2024 of the Government on amendments to Decree No. 73/2019/ND-CP dated September 5, 2019 of the Government on management of investment in information technology applications using state budget funds (hereinafter referred to as Decree No. 73/2019/ND-CP) shall be carried out by the province-level People’s Committee.

2. Procedures for appraisal of the basic design of the project:

a) The appraisal council or the specialized authority appraising the project under the Law on Public Investment (hereinafter collectively referred to as the appraisal focal point) is responsible for:  sending the basic design documents for opinions or submitting to the competent authority deciding on investment for opinions on appraisal of the basic design by the entity specified in Clause 1 of this Article; obtaining opinions or submitting to the competent authority deciding on investment for opinions of other relevant agencies and units for project appraisal (if necessary);

b) The entity appraising the basic design specified in Clause 1 of this Article is responsible for sending its appraisal opinion on the basic design to the appraisal focal point for aggregation of opinions when carrying out project appraisal;

c) The time limit for appraisal of the basic design from the date of receipt of a complete and valid application file shall not exceed 20 days for Group A projects;

d) The application file sent by the appraisal focal point for opinions on appraisal of the basic design includes: survey report; basic design; other relevant legal documents and materials.  The number of application files is 1 set;

dd) Subject matters of appraisal of the basic design include:

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compliance with the E-Government Architecture Framework, Digital Government Architecture Framework, or ministerial-level digital architecture framework, or province-level digital architecture framework;

appropriateness of the selection of technological, technical and equipment options;

conformity of the basic design with technical standards, technical regulations and basic requirements on functions and technical features;

conformity of the basic design in interconnection, interoperability and data sharing with relevant information systems, hardware, software and databases;

and other contents in the basic design.

Article 35. Appraisal of detailed design of Group A information technology application investment projects at localities implemented in the form of an economic-technical report

1. Appraisal of detailed design of Group A information technology application investment projects at localities as prescribed in Point b Clause 2 Article 22 of Decree No. 73/2019/ND-CP as amended by Decree No. 82/2024/ND-CP shall be carried out by the province-level People’s Committee.

2. Procedures for appraisal of the detailed design

a) The appraisal council or the specialized authority appraising the project under the Law on Public Investment (hereinafter collectively referred to as the appraisal focal point) is responsible for: sending the detailed design application file for opinions or submitting to the competent authority deciding on investment for opinions on appraisal of the detailed design by the competent entity specified in Clause 1 of this Article; obtaining opinions of other relevant agencies and units for project appraisal (if necessary);

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c) The time limit for appraisal of the detailed design from the date of receipt of a complete and valid application file shall not exceed 20 days for Group A projects;

d) The application file sent by the appraisal focal point for opinions on appraisal of the detailed design includes: survey report; detailed design; other relevant legal documents and materials.  The number of application files is 1 set.

dd) Subject matters of appraisal of the detailed design include:

Conformity of the components and specifications of the detailed design with the law, including:  key contents of the detailed design, detailed design diagrams, survey documents and other relevant files as required by law;

compliance with the E-Government Architecture Framework, Digital Government Architecture Framework, or ministerial-level digital architecture framework, or province-level digital architecture framework;

appropriateness of the selection of technological, technical and equipment options;

Reasonableness of the solution and equipment (if any);

Conformity with the applied technical standards and technical regulations;

Conformity of the detailed design in interconnection, interoperability and data sharing with relevant information systems, hardware, software and databases;

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Other contents in the detailed design.

Section 4. INTELLECTUAL PROPERTY

Article 36. Granting a duplicate of protection title and re-granting protection title/duplicate of protection title

1. Granting a duplicate of protection title (except for a request for duplicates for co-owners at the time of filing an application for industrial property rights) and re-granting protection title/duplicate of protection title as prescribed in Clause 7 Article 29 of Decree No. 65/2023/ND-CP dated August 23, 2023 of the Government on elaboration of certain articles and measures for implementation of the Law on Intellectual Property regarding industrial property, protection of industrial property rights, rights to plant varieties, and state management of intellectual property (hereinafter referred to as Decree No. 65/2023/ND-CP) shall be carried out by the province-level People’s Committee.

2. Procedures for granting a duplicate of protection title and re-granting protection title/duplicate of protection title are prescribed in Section I and Clause 1 Section IV of Appendix III.1 enclosed with this Decree.

Article 37. Granting a duplicate and re-granting the certificate of registration of a contract for transfer of the right to use an industrial property object

1. Granting a duplicate and re-granting the certificate of registration of a contract for transfer of the right to use an industrial property object as prescribed in Clause 8 Article 29 of Decree No. 65/2023/ND-CP shall be carried out by the province-level People’s Committee.

2. Procedures for granting a duplicate and re-granting the certificate of registration of a contract for transfer of the right to use an industrial property object are prescribed in Section I and Clause 4 Section IV of Appendix III.1 enclosed with this Decree.

Article 38. Organization of the examination of professional competence in industrial property representation

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2. Procedures for carrying out the task of organizing the examination of professional competence in industrial property representation are as follows:

a) The organization of the examination session on professional competence in industrial property representation shall be carried out periodically every 2 years in accordance with the Regulation on the examination of professional competence in industrial property representation promulgated by the Ministry of Science and Technology;

b) The province-level People’s Committee shall notify the Plan for organization of the examination session on the portal of the agency, which clearly states the conditions for participation, procedures for submission of the application file, subject matters of the examination, and the expected time and venue of the examination;

c) Within 10 days from the issuance of the Decision on approval of the results of the examination session on professional competence in industrial property representation, the province-level People’s Committee shall send the Decision information to the regulatory agency in charge of industrial property rights and publish it on the portal of that agency;

d) The examination results of an individual meeting the provisions of Point e Clause 2 Article 155 of the Law on Intellectual Property shall be valid for applying for the Industrial property representation service practicing certificate for 5 years (from the date of issuance of the notice of examination results).

3. Procedures for registration for the examination of professional competence in industrial property representation are prescribed in Section I and Clause 9 Section II of Appendix III.1 enclosed with this Decree.

Article 39. Granting, re-granting, and revocation of the Industrial property representation service practicing certificate

1. Granting, re-granting, and revocation of the Industrial property representation service practicing certificate as prescribed in Article 64 of Decree No. 65/2023/ND-CP shall be carried out by the province-level People’s Committee.

2. Procedures for granting, re-granting, and revocation of the Industrial property representation service practicing certificate are prescribed in Section I and Clauses 1, 2 and 3 Section II of Appendix III.1 enclosed with this Decree.

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1. Recording changes in information of an industrial property representation service organization as prescribed in Clause 3 Article 65 of Decree No. 65/2023/ND-CP shall be carried out by the province-level People’s Committee.

2. Procedures for recording changes in information of an industrial property representation service organization are prescribed in Section I and Clause 6 Section II of Appendix III.1 enclosed with this Decree.

Article 41. Termination of the right to use an invention under a compulsory decision

1. Termination of the right to use an invention under a compulsory decision, based on the provisions of Article 9 of this Decree, shall be carried out by the province-level People’s Committee that issued such decision.

2. Procedures for carrying out termination of the right to use an invention under a compulsory decision are prescribed in Section I and Clause 2 Section V of Appendix III.1 enclosed with this Decree.

Article 42. Recording amendments to the contents, extension, and early termination of the validity term of a contract for transfer of the right to use an industrial property object

1. Recording amendments to the contents, extension, and early termination of the validity term of a contract for transfer of the right to use an industrial property object as prescribed in Clause 1 Article 61 of Decree No. 65/2023/ND-CP shall be carried out by the province-level People’s Committee.

2. Procedures for recording amendments to the contents, extension, and early termination of the validity term of a contract for transfer of the right to use an industrial property object are prescribed in Section I and Clause 3 Section IV of Appendix III.1 enclosed with this Decree.

Article 43. Examination of professional competence in industrial property assessment

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2. Procedures for carrying out the task of organizing the examination of professional competence in industrial property assessment are as follows:

a) The province-level People’s Committee shall notify the Plan for organization of the examination session on the portal of the agency, which clearly states the conditions for participation, procedures for submission of the application file, subject matters of the examination, and the expected time and venue of the examination;

b) The examination session must be organized within 3 months from the date on which there are at least 5 registrants whose registration application files are accepted under Clause 4 Article 108 of Decree No. 65/2023/ND-CP and in accordance with the Regulation on the examination of professional competence in industrial property assessment promulgated by the Ministry of Science and Technology;

c) Within 10 days from the issuance of the Decision on approval of the results of the examination session on professional competence in industrial property assessment, the province-level People’s Committee shall send the Decision information to the regulatory agency in charge of industrial property rights and publish it on the portal of that agency;

d) The examination results shall be valid for applying for the Industrial property assessor card for 5 years (from the date of issuance of the notice of examination results).

3. Procedures for registration for the examination of professional competence in industrial property assessment are prescribed in Section I and Clause 4 Section III of Appendix III.1 enclosed with this Decree.

Article 44. Granting, re-granting, and revocation of the Industrial property assessor card

2. Procedures for granting, re-granting, and revocation of the Industrial property assessor card are prescribed in Section I and Clauses 1, 2 and 3 Section III of Appendix III.1 enclosed with this Decree.

Section 5. ATOMIC ENERGY

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1. Granting a license for use of radiation equipment for positron emission tomography integrated with computed tomography (PET/CT), integrated with single photon emission computed tomography (SPECT/CT); and X-ray radiation equipment used in X-ray fluorescence analysis, X-ray diffraction analysis, printed circuit board inspection, electron microscopy, and security screening as prescribed in Point d Clause 2 Article 1 and Clause 1 Article 28 of Decree No. 142/2020/ND-CP dated December 9, 2020 of the Government on radiation work and service supporting applications of atomic energy (hereinafter referred to as Decree No. 142/2020/ND-CP) shall be carried out by the province-level People’s Committee.

2. Procedures for granting a license for use of radiation equipment for positron emission tomography integrated with computed tomography (PET/CT), integrated with single photon emission computed tomography (SPECT/CT); and X-ray radiation equipment used in X-ray fluorescence analysis, X-ray diffraction analysis, printed circuit board inspection, electron microscopy, and security screening are prescribed in Section I of Appendix IV enclosed with this Decree.

Article 46. Granting the radiation worker certificate to the safety officer for use of PET/CT, SPECT/CT, and X-ray equipment used in X-ray diffraction analysis, electron microscopy, and security screening

2. Procedures for granting the radiation worker certificate to the safety officer at a facility using radiation equipment for positron emission tomography integrated with computed tomography (PET/CT), integrated with single photon emission computed tomography (SPECT/CT), and X-ray equipment used in X-ray diffraction analysis, electron microscopy, and security screening are prescribed in Section II of Appendix IV enclosed with this Decree.

Article 47. Declaration of radiation equipment for PET/CT, SPECT/CT; and X-ray radiation equipment used in X-ray fluorescence analysis, X-ray diffraction analysis, printed circuit board inspection, electron microscopy, and security screening

1. Receipt of the declaration of radiation equipment for positron emission tomography integrated with computed tomography (PET/CT), integrated with single photon emission computed tomography (SPECT/CT); and X-ray radiation equipment used in X-ray fluorescence analysis, X-ray diffraction analysis, printed circuit board inspection, electron microscopy, and security screening as prescribed in Point a Clause 1 Article 34 of Decree No. 142/2020/ND-CP shall be carried out by the province-level People’s Committee.

2. Procedures for declaration of radiation equipment for positron emission tomography integrated with computed tomography (PET/CT), integrated with single photon emission computed tomography (SPECT/CT); and X-ray radiation equipment used in X-ray fluorescence analysis, X-ray diffraction analysis, printed circuit board inspection, electron microscopy, and security screening are prescribed in Section III of Appendix IV enclosed with this Decree. Organizations and individuals are exempt from this procedure where they submit an application file requesting a license for radiation work within the time limit prescribed in Clause 1 Section III of Appendix IV enclosed with this Decree.

Section 6. STANDARDS, METROLOGY AND QUALITY

Article 48. Granting the certificate of registration for provision of verification, calibration and testing services for measuring instruments and measurement standards

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2. Procedures for granting the certificate of registration for provision of verification, calibration and testing services for measuring instruments and measurement standards are prescribed in Section I Part A of Appendix V.1 enclosed with this Decree.

Article 49. Re-granting the certificate of registration for provision of verification, calibration and testing services for measuring instruments and measurement standards

1. Re-granting the certificate of registration for provision of verification, calibration and testing services for measuring instruments and measurement standards as prescribed in Article 7 of Decree No. 105/2016/ND-CP shall be carried out by the President of the province-level People’s Committee.

2. Procedures for re-granting the certificate of registration for provision of verification, calibration and testing services for measuring instruments and measurement standards are prescribed in Section II Part A of Appendix V.1 enclosed with this Decree.

Article 50. Termination of validity of the certificate of registration for provision of verification, calibration and testing services for measuring instruments and measurement standards

1. Termination of validity of the certificate of registration for provision of verification, calibration and testing services for measuring instruments and measurement standards as prescribed in Article 8 of Decree No. 105/2016/ND-CP shall be carried out by the President of the province-level People’s Committee.

2. Procedures for termination of validity of the certificate of registration for provision of verification, calibration and testing services for measuring instruments and measurement standards are prescribed in Section III Part A of Appendix V.1 enclosed with this Decree.

Article 51. New granting, additional granting, amendment and re-granting of the certificate of registration for product and goods quality testing activities

1. New granting, additional granting, amendment and re-granting of the certificate of registration for product and goods quality testing as prescribed in Clause 1 Article 6 and Point a Clause 2 Article 28 of Decree No. 107/2016/ND-CP dated July 1, 2016 of the Government on conditions for provision of conformity assessment services (hereinafter referred to as Decree No. 107/2016/ND-CP) shall be carried out by the province-level People’s Committee.

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Article 52. New granting, additional granting, amendment and re-granting of the certificate of registration for product and goods quality inspection during use

1. New granting, additional granting, amendment and re-granting of the certificate of registration for product and goods quality inspection during use as prescribed in Clause 1 Article 10 and Point a Clause 2 Article 28 of Decree No. 107/2016/ND-CP shall be carried out by the province-level People’s Committee.

2. Procedures for new granting, additional granting, amendment and re-granting of the certificate of registration for product and goods quality inspection during use are prescribed in Section II Part B of Appendix V.1 enclosed with this Decree.

Article 53. New granting, additional granting, amendment and re-granting of the certificate of registration for product and goods quality inspection

1. New granting, additional granting, amendment and re-granting of the certificate of registration for product and goods quality inspection as prescribed in Clause 1 Article 14 and Point a Clause 2 Article 28 of Decree No. 107/2016/ND-CP shall be carried out by the province-level People’s Committee.

2. Procedures for new granting, additional granting, amendment and re-granting of the certificate of registration for product and goods quality inspection are prescribed in Section III Part B of Appendix V.1 enclosed with this Decree.

Article 54. New granting, additional granting, amendment and re-granting of the certificate of registration for product certification and management system certification

1. New granting, additional granting, amendment and re-granting of the certificate of registration for certification as prescribed in Clause 1 Article 18 and Point a Clause 2 Article 28 of Decree No. 107/2016/ND-CP shall be carried out by the province-level People’s Committee.

2. Procedures for new granting, additional granting, amendment and re-granting of the certificate of registration for product certification and management system certification are prescribed in Section IV Part B of Appendix V.1 enclosed with this Decree.

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1. Inspection of conformity assessment carried out by conformity assessment bodies as prescribed in Point c Clause 2 Article 28 of Decree No. 107/2016/ND-CP shall be carried out by the province-level People’s Committee.

2. Procedures for inspection of conformity assessment carried out by conformity assessment bodies are prescribed in Appendix V.2 enclosed with this Decree.

Article 56. Revocation of the certificate of registration of operation of conformity assessment bodies

Revocation of the certificate of registration of operation of conformity assessment bodies as prescribed in Article 26 of Decree No. 107/2016/ND-CP (as supplemented by Clause 12 Article 3 of Decree No. 154/2018/ND-CP dated November 9, 2018 of the Government on amendments to, supplements to, and annulment of certain regulations on investment and business conditions in the state management sector of the Ministry of Science and Technology and certain regulations on specialized inspection), within the state management sector of the Ministry of Science and Technology, shall be carried out by the province-level People’s Committee.

Section 7. SCIENCE AND TECHNOLOGY

Article 57. Guidance, training and professional development related to the High-Tech Park Management Board

Guidance, training and professional development related to the High-Tech Park Management Board as prescribed in Point dd Clause 3 Article 42 of Decree No. 10/2024/ND-CP dated January 1, 2024 of the Government on hi-tech parks (hereinafter referred to as Decree No. 10/2024/ND-CP) shall be carried out by the province-level People’s Committee.

Article 58. Requesting the Prime Minister’s opinion on approval of technologies and products of an investment project for a hi-tech research and development facility

Requesting the Prime Minister’s opinion on approval of technologies and products of an investment project for a hi-tech research and development facility as prescribed in Clause 4 Article 42 of Decree No. 10/2024/ND-CP shall be carried out by the province-level People’s Committee.

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1. Granting, amendment, additional granting, and re-granting of the certificate of eligibility for technology assessment service operation as prescribed in Articles 34 and 35 and Article 39 of Decree No. 76/2018/ND-CP dated May 15, 2018 of the Government on elaboration of and guidelines for implementation of the Law on Technology Transfer (hereinafter referred to as Decree No. 76/2018/ND-CP) shall be carried out by the province-level People’s Committee.

2. Procedures for granting, amendment, additional granting, and re-granting of the certificate of eligibility for technology assessment service operation are prescribed in Section III of Appendix VI enclosed with this Decree.

Article 60. Granting, amendment, additional granting, and re-granting of the certificate of eligibility for technology appraisal service

1. Granting, amendment, additional granting, and re-granting of the certificate of eligibility for technology appraisal service as prescribed in Articles 37 and 38 and Article 39 of Decree No. 76/2018/ND-CP shall be carried out by the province-level People’s Committee.

2. Procedures for granting, amendment, additional granting, and re-granting of the certificate of eligibility for technology appraisal service are prescribed in Section IV of Appendix VI enclosed with this Decree.

Article 61. Certification of specialized means of transport in the technology line directly used for production of an investment project

1. Certification of specialized means of transport in the technology line directly used for production of an investment project as prescribed in Point e Clause 2 Article 31 of Decree No. 134/2016/ND-CP dated September 1, 2016 of the Government on elaboration of certain articles of and measures for implementation of the Law on Export Duty and Import Duty (amended by Clause 14 Article 1 of Decree No. 18/2021/ND-CP dated March 11, 2021 of the Government) shall be carried out by the province-level People’s Committee.

2. Procedures for certification of specialized means of transport in the technology line directly used for production of an investment project are prescribed in Section V of Appendix VI enclosed with this Decree.

Article 62. Approval of the charter of a foreign-invested science and technology organization

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2. Procedures for approval of the charter of a foreign-invested science and technology organization within a province are prescribed in Section VI of Appendix VI enclosed with this Decree.

Article 63. Notification of satisfaction of requirements for establishment of an overseas affiliated science and technology organization

1. Notification of satisfaction of requirements for establishment of an overseas affiliated science and technology organization as prescribed in Clause 2 Article 18 of Decree No. 08/2014/ND-CP shall be carried out by the President of the province-level People’s Committee.

2. Procedures for making notification of satisfaction of requirements for establishment of an overseas affiliated science and technology organization are prescribed in Section VIII of Appendix VI enclosed with this Decree.

Article 64. Notification of satisfaction of requirements for establishment of overseas representative offices and branches of a Vietnamese science and technology organization

1. Notification of satisfaction of requirements for establishment of overseas representative offices and branches of a Vietnamese science and technology organization as prescribed in Clause 2 Article 23 of Decree No. 08/2014/ND-CP shall be carried out by the President of the province-level People’s Committee.

2. Procedures for making notification of satisfaction of requirements for establishment of overseas representative offices and branches of a Vietnamese science and technology organization are prescribed in Section IX of Appendix VI enclosed with this Decree.

Article 65. Granting the certificate of high technology application operation to organizations

1. Granting the certificate of high technology application operation to an organization as prescribed in Article 1 of Decision No. 55/2010/QD-TTg dated September 10, 2010 of the Prime Minister on competence and procedures for certification of organizations and individuals engaged in high technology application, certification of organizations and individuals engaged in hi-tech research and development, and recognition of high-tech enterprises (hereinafter referred to as Decision No. 55/2010/QD-TTg) shall be carried out by the province-level People’s Committee.

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Article 66. Revocation of the certificate of high technology application operation of an organization

Revocation of the certificate of high technology application operation of an organization as prescribed in Article 3 of Decision No. 55/2010/QD-TTg shall be carried out by the province-level People’s Committee.

Article 67. Granting the certificate of high technology application operation to individuals

1. Granting the certificate of high technology application operation to an individual as prescribed in Article 1 of Decision No. 55/2010/QD-TTg shall be carried out by the province-level People’s Committee.

2. Procedures for granting the certificate of high technology application operation to individuals are prescribed in Section XI of Appendix VI enclosed with this Decree.

Article 68. Revocation of the certificate of high technology application operation of an individual

Revocation of the certificate of high technology application operation of an individual as prescribed in Article 3 of Decision No. 55/2010/QD-TTg shall be carried out by the province-level People’s Committee.

Article 69. Granting the certificate of high-tech enterprise

1. Granting the certificate of high-tech enterprise as prescribed in Article 1 of Decision No. 55/2010/QD-TTg shall be carried out by the province-level People’s Committee.

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Article 70. Revocation of the certificate of high-tech enterprise

Revocation of the certificate of high-tech enterprise as prescribed in Article 6 of Decision No. 55/2010/QD-TTg shall be carried out by the province-level People’s Committee.

Article 71. Granting the certificate of hi-tech research and development operation to organizations

1. Granting the certificate of hi-tech research and development operation to an organization as prescribed in Article 1 of Decision No. 55/2010/QD-TTg shall be carried out by the province-level People’s Committee.

2. Procedures for granting the certificate of hi-tech research and development operation to organizations are prescribed in Section XIII of Appendix VI enclosed with this Decree.

Article 72. Revocation of the certificate of hi-tech research and development operation of an organization

Revocation of the certificate of hi-tech research and development operation granted to an organization as prescribed in Article 3 of Decision No. 55/2010/QD-TTg shall be carried out by the province-level People’s Committee.

Article 73. Granting the certificate of hi-tech research and development operation to individuals

1. Granting the certificate of hi-tech research and development operation to an individual as prescribed in Article 1 of Decision No. 55/2010/QD-TTg shall be carried out by the province-level People’s Committee.

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Article 74. Revocation of the certificate of hi-tech research and development operation of an individual

Revocation of the certificate of hi-tech research and development operation of an individual as prescribed in Article 3 of Decision No. 55/2010/QD-TTg shall be carried out by the province-level People’s Committee.

Chapter IV

IMPLEMENTATION CLAUSES

Article 75. Entry into force

1. This Decree shall come into force on July 1, 2025.

2. This Decree shall cease to be effective as of March 1, 2027, except in the following cases:

a) Ministries or ministerial-level agencies report to the Government and are approved by the National Assembly to extend the application of this Decree in whole or in part;

b) Where laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, decrees, resolutions of the Government, or decisions of the Prime Minister provide for the competence, responsibilities for implementation, and procedures prescribed in this Decree, and are passed or promulgated from July 1, 2025 and come into force before March 1, 2027, the corresponding provisions in this Decree shall cease to have effect at the time such legislative documents come into force.

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Article 76. Transition clause

1. The Ministry of Science and Technology shall provide information on the applications for settlement of administrative procedures processed by the Ministry prior to July 1, 2025 in order to ensure continuous and smooth settlement of administrative procedures upon devolution and delegation to the President of the province-level People’s Committee.

2. For petitions and applications that have been received by the competent authority or person prior to the effective date of this Decree but have not been fully settled, such competent authority or person shall continue processing them in accordance with the law in force at the time of receipt of such petitions and applications.

3. Documents and papers that have been issued or granted by the competent authority or person prior to the date this Decree comes into force, and remain effective or remain within their validity period, shall continue to be applied and used in accordance with law until expiration or until amended by, replaced, annulled, revoked, or withdrawn by the authority or person receiving the relevant functions, tasks and powers, or by the competent authority or person./.

ON BEHALF OF  THE GOVERNMENT
PP. PRIME MINISTER
DEPUTY PRIME MINISTER




Nguyen Hoa Binh