MINISTRY OF SCIENCE | SOCIALIST REPUBLIC OF VIETNAM |
No. 03/2021/TT-BKHCN | Hanoi, June 11, 2021 |
MANAGEMENT OF INTELLECTUAL PROPERTY DEVELOPMENT PROGRAM UNTIL 2030
Pursuant to Law on Science and Technology dated June 18, 2013; Law on amendment to 11 Laws relating to planning dated June 15, 2018;
Pursuant to Law on Intellectual property dated November 29, 2005 and Law on amendment to Law on Intellectual property dated June 19, 2009; Law on amendment to Law on Insurance Business and Law on Intellectual property dated June 14, 2019;
Pursuant to Decree No. 08/2014/ND-CP dated January 27, 2014 of the Government elaborating to Law on Science and Technology;
Pursuant to Decree No. 95/2017/ND-CP dated August 16, 2017 of Government on functions, tasks, powers and organizational structure of Ministry of Science and Technology;
In implementing Decision No. 1068/QD-TTg dated August 22, 2019 of Prime Minister approving Intellectual Property Strategy until 2030;
In implementing Decision No. 2205/QD-TTg dated December 24, 2020 of Prime Minister approving Intellectual Property Development Program until 2030;
At request of Director General of Intellectual Property Department and Director of Department of Legal Affairs;
Minister of Science and Technology promulgates Circular on management of Intellectual Property Development Program until 2030.
Chapter I
GENERAL PROVISIONS
Article 1. Scope and regulated entities
1. This Circular prescribes management of Intellectual Property Development Program until 2030 (hereinafter referred to as “Program”) approved under Decision No. 2205/QD-TTg dated December 24, 2020 of Prime Minister (hereinafter referred to as “Decision No. 2205/QD-TTg”).
2. This Circular applies to organizations, individuals implementing and participating to the Program and other relevant agencies, organizations, individuals.
Article 2. Program management principles
1. Comply with Law on Science and Technology, Law on Intellectual Property, and relevant legislative documents.
2. Management of the Program must be public and transparent. Tasks of Program are implemented according to objectives, contents and must not infringe intellectual property rights of subjects of other rights.
3. Use expenditure of the Program for the right objectives, effectively, without waste, and conforming to Law on State Budget and applicable law provisions.
Tasks of the Program include regular tasks, science and technology-related tasks.
1. Regular tasks of Program: Refer to tasks relating to functions and specialty of supervisory agencies of the Program, are implemented according to applicable regulations and law on policies and expenditure quota of state budget, paid according to contracts and practical situations within approved estimates of supervisory agencies of Program, including:
a) Assisting registration for domestic and overseas protection of invention, industrial shapes, brands, and registration for protection, recognition of new cultivars under Point a Clause 2 Section II Article 1 of Decision No. 2205/QD-TTg;
b) Compiling and issuing documents on intellectual property under Point b Clause 6 Section II Article 1 of Decision No. 2205/QD-TTg;
c) Honoring and commending groups, individuals obtaining achievements in intellectual property affairs under Point d Clause 6 Section II Article 1 of Decision No. 2205/QD-TTg
2. Science and technology-related tasks of Programs: Refer to tasks relating to science and technology on a nationwide scale, ministerial scale, or provincial scale utilizing expenditure for science and technology affairs of the Government, are chosen via selection or assignment for implementation of provisions under Section II Article 1 of Decision No. 2205/QD-TTg, except for tasks under Point b Clause 1 of this Article.
Article 4. Classification of science and technology-related tasks of Program
1. Science and technology related tasks on nationwide scale under management of Ministry of Science and Technology include: Tasks satisfying criteria of science and technology-related tasks on nationwide scale under Clause 1 Article 25 of Decree No. 08/2014/ND-CP dated January 27, 2014 of the Government on elaborating to Law on Science and Technology (hereinafter referred to as “Decree No. 08/2014/ND-CP”) and tasks of Program developed and implemented using models that are replicable or specific, sophisticated regarding intellectual property.
2. Science and technology-related tasks on ministerial scale under management of ministerial agencies or governmental agencies include: Tasks satisfying criteria of science and technology-related tasks specified under Clause 1 Article 26 of Decree No. 08/2014/ND-CP, in which, prioritizing tasks for improving awareness, training, and education regarding intellectual property, improvement of capacity for establishing, managing, and developing intellectual property in science and technology entities, organizations affiliated to ministries, ministerial agencies, or governmental agencies.
3. Science and technology-related tasks on provincial scale under management of People’s Committees of provinces and central-affiliated cities include: Tasks satisfying criteria of science and technology-related tasks on provincial scale under Clause 1 Article 27 of Decree No. 08/2014/ND-CP and tasks for implementing objectives and orientations of socio-economic development, tasks developed on the basis of inheritance, applied to results of nationwide science and technology-related tasks that have been concluded and inspected for acceptance depending on local conditions.
Article 5. Requirements for science and technology-related tasks of Program
1. Prove urgency satisfactory to Program objectives, contents, and orientation, plans for economic, social, science, technology development of the sector, field, local governments.
2. Results and products are applied in practice or applied to solve scientific, hypothetical problems in intellectual property, sustainable, and replicable once the tasks conclude.
3. Do not repeat national science and technology-related tasks and Program that have been and are being implemented.
4. Implementation period of science and technology-related tasks of Program are up to 36 months. Special cases shall be decided by heads of agencies approving the tasks.
1. For national science and technology-related tasks
a) Presiding organizations of tasks must meet all of the following conditions:
- Be juridical person, have operating functions suitable with specific field of tasks; and
- Be capable of mobilizing expenditure on implementing tasks; and
- Are not specified under Clause 2 Article 4 of Circular No. 08/2017/TT-BKHCN dated June 26, 2017 of Minister of Science and Technology on selection and assignment of organizations and individuals for implementation of national science and technology-related tasks utilizing state budget (hereinafter referred to as “Circular No. 08/2017/TT-BKHCN”).
b) Hosts of tasks must meet all of the following conditions:
- Have at least higher education level with appropriate major, and have at least 3 years of experience in field of the tasks or have authors of entities under Article 3 of Law on intellectual Property registering as hosts of tasks relating to these subjects of intellectual property rights; and
- Be capable of organizing implementation and guaranteeing adequate time for implementing activities of task hosts; and
- Are not specified under Clause 4 Article 4 of Circular No. 08/2017/TT-BKHCN.
2. For ministerial science and technology-related tasks: Comply with regulations on requirements for presiding organizations and hosts of ministerial and provincial science and technology-related tasks issued by competent agencies.
Article 7. Code of science and technology-related tasks of Program
Science and technology-related tasks of Program are coded as follows:
SHTT.TW(B,ĐP).XX-20YY, in which:
a) SHTT: Refers to general code for tasks of Program;
b) TW: Refers to code of nationwide science and technology-related tasks;
c) B: Refers to ministerial science and technology-related tasks;
d) ĐP: Refers to provincial science and technology-related tasks;
dd) XX: Refers to task number;
e) YY: Refers to the last 2 digits of the year in which the tasks are implemented.
1. Information on science and technology-related tasks of Program (including: Name, objectives, expected products, presiding organizations, hosts, time of implementation; summary of implementation results) is publicized on website of supervisory agencies of tasks or on other mass media as per the law.
2. Communication regarding implementation results of Program tasks shall conform to Law on Science and Technology and Law on Newspaper.
3. Presiding organizations and hosts of tasks shall register and store implementation results according to regulations and law on collecting, registering, storing, and publicizing information on science and technology-related tasks.
ORGANIZATIONS MANAGING THE PROGRAM
Article 9. Agencies managing the Program
1. Ministry of Science and Technology: Jointly manage the Program and directly manage nationwide science and technology-related tasks of Program.
2. Ministries, ministerial agencies, governmental agencies: Directly manage ministerial science and technology-related tasks of the Program and cooperate with Ministry of Science and Technology in organizing implementation of the Program.
3. People’s Committees of provinces or central-affiliated cities: Directly manage provincial science and technology-related tasks of the Program and cooperate with Ministry of Science and Technology in organizing implementation of the Program.
Article 10. Responsibilities of Ministry of Science and Technology
1. Organize implementation and jointly manage the Program according to assignment of the Prime Minister under Decision No. 2205/QD-TTg, to be specific:
a) Organize implementation of general activities and common tasks of Program in central governments;
b) Provide guidelines on proposing nationwide science and technology-related tasks and approve lists of nationwide science and technology-related tasks of Program;
c) Select and assign presiding organizations for nationwide science and technology-related tasks;
d) Approve selection, reassignment results of presiding organization and host, expenditure, and time of implementation of nationwide science and technology-related tasks;
dd) Consolidate funding estimates of the Program under management of Ministry of Science and Technology to balance within annual total funding estimates for science affairs; assign expenditure on implementing nationwide science and technology-related tasks and funding estimates for implementation of general activities and regular tasks of Program in central governments;
e) Inspect implementation and decide to allow revision of nationwide science and technology-related tasks (if any);
g) Approve plans for selecting contractors regarding contract package for procurement of machinery, equipment, commodities, materials, and services of nationwide science and technology-related tasks using funding sources from budget for science and technology affairs as per the law;
h) Appraise settlement of expenditure on implementation of nationwide science and technology-related tasks and expenditure on common activities and regular tasks of Program in central governments. Dispose commodities created as a result of nationwide science and technology-related tasks;
i) Organize assessment, inspect for acceptance, acknowledge implementation results of nationwide science and technology-related tasks; publicize and replicate implementation results of tasks of Program;
k) Guide ministries and local governments to assess implementation results, develop plans for implementing Program annually, plans for submitting preliminary conclusion and final conclusion of the Program.
2. Department of Intellectual Property and relevant ministries affiliated to the Ministry within their functions, tasks, powers are assigned to help Minister of Science and Technology organize implementation of tasks under Clause 1 of this Article.
Article 11. Responsibilities of ministries, ministerial agencies and governmental agencies
1. Cooperate with Ministry of Science and Technology in organizing implementation of the Program according to assignment of the Prime Minister under Decision No. 2205/QD-TTg in Clause 3 and Clause 4 Article 2.
2. Organize management ministerial science and technology-related tasks of the Program.
3. Appoint and assign contact entities to assist Minister, heads of ministerial agencies, heads of Governmental agencies in organizing implementation of Clause1 and Clause 2 of this Article.
Article 12. Responsibilities of People’s Committees of provinces
1. Cooperate with Ministry of Science and Technology in organizing implementation of the Program according to assignment of the Prime Minister under Decision No. 2205/QD-TTg in Clause 5 Article 2.
2. Organize management of general activities, regular tasks and provincial science and technology-related tasks of the Program according to Law on Science and Technology and documents guiding implementation.
3. Cooperate in managing nationwide and ministerial science and technology-related tasks of Program implemented in provinces.
4. Department of Science and Technology or agencies specializing in science and technology affiliated to People’s Committees of provinces shall take charge and cooperate with relevant entities in assisting People’s Committees of provinces to implement tasks under Clause 1, Clause 2, and Clause 3 of this Article.
Article 13. Proposing placement of task order
1. On an annual basis, based on guidelines of Ministry of Science and Technology, ministries, local governments, or organizations, individuals shall propose placing orders of nationwide science and technology-related tasks of Program using Form No. B1-DXNV attached hereto.
2. Placement of task order shall be submitted in person, online, or via post service to Department of Intellectual Property.
3. Date of receiving task order: Refers to the date on which post service providers seal document envelops (in case of submitting via post), or the date on which Department of Intellectual Property issue a “đến” (arrived) seal (in case of submitting in person), or the date on which organizations, individuals submit proposal online.
Article 14. Determination and approval of list of tasks
1. Within 7 working days after the date on which proposal on placement of task order is received according to Article 13 hereof, Department of Intellectual Property shall consolidate, review proposal for task order placement, and request Minister of Science and Technology to review and organize consulting councils for determining tasks of Program.
2. Consulting councils for determining tasks established by Minister of Science and Technology shall consist of 7 or 9 members, including Chairperson, 1 Vice Chairperson, 2 review members, 1 secretary of science and other member. Council members are experts in intellectual property, experts having specialty and practical experience in the tasks, representatives of regulatory agencies or other relevant organizations, individuals.
3. Consulting councils for determining tasks shall only conduct meeting when at least 5 members (in case of 7-member councils) or 7 members (in case of 9-member councils) are present, which include the Chairpersons (or Vice Chairpersons) and 2 review members. Chairpersons of councils shall host all council meetings. In case Chairpersons are absent, the Chairpersons shall authorize Vice Chairpersons in writing to host the meetings.
Procedures of operation of the councils shall conform to Clauses 1, 2, 3, 4, 5, and 6 of Article 18 of Circular No. 07/2014/TT-BKHCN dated May 26, 2014 of Minister of Science and Technology (hereinafter referred to as “Circular No. 07/2014/TT-BKHCN”) and amendment thereto by Circular No. 03/2017/TT-BKHCN dated April 3, 2017. Council members shall review and assess proposal of order placement of tasks of Program according to Article 6 and Form No. B2-NXNV attached hereto. The councils shall agree to categorize proposal of task order where at least 75% of total participating council members vote “For implementation” and propose methods of implementation (“Selection” or “Assignment”) as “For implementation”.
Councils shall approve meeting minute prepared using Form No. B3-BBNV attached hereto.
4. If requested by Chairpersons of councils and at least 1 review members before organizing council meetings, Department of Intellectual Property shall organize physical inspection and cooperate with entities that propose placement of orders and other relevant entities in examining and assessing information, figures to identify appropriateness of subjects, form and criteria of protection; identifying details, methods of managing and developing intellectual property to serve consideration and assessment of task proposal.
5. Within 10 working days from the date on which councils approve meeting minutes, Department of Intellectual Property shall cooperate with entities in charge of state management for planning - finance affairs of the Ministry in develop list of nationwide science and technology-related tasks for order placement using Form No. B4-DMNV attached hereto and requesting Minister of Science and Technology to consider and approve.
Article 15. Declaring list of tasks
Within 3 working days from the date on which lists of tasks are approved, Department of Intellectual Property shall publicize list of nationwide science and technology-related tasks for placement on websites of Ministry of Science and Technology and Department of Intellectual Property.
SELECTION, ASSIGNMENT OF NATIONWIDE SCIENCE AND TECHNOLOGY-RELATED TASKS OF PROGRAM
Article 16. Notice on selection, assignment of presiding organizations of tasks
1. Department of Intellectual Property is responsible for notifying selection, assignment of presiding organizations of tasks on websites of Ministry of Science and Technology and Department of Intellectual Property.
2. Notice on selection, assignment of presiding organizations of tasks shall consist of: Name of tasks; orientation of task objectives; expected products; requirements for application for selection, assignment as presiding organizations of tasks; time and location for submission of application.
Article 17. Applications for selection, assignment as presiding organizations of tasks
1. Physical application shall be presented, printed on A4 paper sheets, and utilize Vietnamese font of Unicode encoding according to National Standards TCVN 6909:2001 and font size 14; electronic form of application (in form of PDF files, not locked by password), includes:
a) Master registers (bearing seals and signatures) of following documents:
- Application for selecting presiding organizations of tasks using Form No. B5-PDK attached hereto;
- Presentation of tasks using Form No. B6-TMNV attached hereto;
- Summary of science and technology activities of organizations applying for selection, assignment of tasks using Form under Clause 4 Article 5 of Circular No. 08/2017/TT-BKHCN;
- Science background of hosts of tasks, official members and science secretaries who are in charge of the tasks; science background of domestic and overseas experts shall conform to forms under Clause 5 and Clause 6 Article 5 of Circular No. 08/2017/TT-BKHCN;
- Written verification of agreement to cooperate in implementing tasks of cooperating entities (if any) using form under Clause 7 Article 5 of Circular No. 08/2017/TT-BKHCN;
- Price notice of equipment, primary materials, and services necessary to implement tasks, deadline for submitting price notice is 30 days before the date of submitting application. Price notice can be updated and/or revised before the meetings for appraisal of task contents and estimation of expenditure on task implementation (if necessary);
- Written proof of solutions for mobilizing reciprocal capital (if reciprocal capital is required by the tasks) according to Clause 10 Article 5 of Circular No. 08/2017/TT-BKHCN.
b) Verified true copies of following documents:
- Decision on establishment or certificate of business registration of organizations applying for presiding tasks or other equivalent documents;
- Financial statements of the latest 2 consecutive years of organizations applying for selection, assignment of tasks;
2. Application must be sealed with the following information written on the outside: Name of task, list of contents of applications; name and address of organizations applying for selection, assignment as presiding organizations of tasks, name of individuals applying for hosts of tasks and information on contact persons (phone number and email address).
Article 18. Submission and receipt of applications
1. Submission and date of receiving application shall conform to Clause 2 and Clause 3 Article 13 hereof.
2. Within the deadline for receiving applications, organizations applying for selection, assignment of tasks may withdraw or revise submitted applications. Revised applications shall serve as constituents of previously submitted applications.
1. Within 5 working days from the date on which deadline for receiving applications expires, Department of Intellectual Property shall finish examining, verifying legitimacy, and produce records using Form No. B7-KTHS attached hereto.
2. Applications are considered legitimate if tasks are specified under lists publicized according to Article 15 and satisfy requirements under Article 6, Article 17, and Article 18 hereof.
3. Within 3 working days from the date on which records under Clause 1 Article 19 hereof are produced, Department of Intellectual Property shall issue notice on legitimacy of applications for organizations applying for selection, assignment as presiding organizations of the tasks.
Article 20. Consulting councils for selecting, assigning presiding organizations of tasks
1. Consulting councils for selecting, assigning presiding organizations of tasks shall be established by Minister of Science and Technology, consisting of 7 or 9 members, including Chairpersons, 1 Vice Chairperson, 2 review members, 1 secretary of science and other members. Council members are experts in intellectual property, experts having specialty and practical experience in the tasks, representatives of regulatory agencies or other relevant organizations, individuals, which include at least 2 members who have participated in consulting councils for determining tasks.
2. Individuals specified under Clause 2 Article 8 of Circular No. 08/2017/TT-BKHCN are not allowed to participate in councils..
Assessment of application for presiding organizations of tasks shall be implemented by giving scores in application assessment form produced by using Form No. B8-PDG attached hereto. Maximum scores for one application is 100, to be specific:
1. Urgency of tasks: Up to 15 scores.
2. Feasibility of tasks: Up to 50 scores.
3. Effectiveness and sustainability of tasks : Up to 35 scores.
1. Working principles of councils
a) Consulting councils for selecting, assigning presiding organizations of tasks shall only conduct meeting when at least 5 members (in case of 7-member councils) or 7 members (in case of 9-member councils) are present, which include the Chairperson (or Vice Chairperson) and 2 review members; Chairpersons of councils shall host all council meetings. In case Chairpersons are absent, the Chairpersons shall authorize Vice Chairpersons in writing to host the meetings using Form No. B2-7-GUQ of Annex II attached to Circular No. 08/2017/TT-BKHCN;
b) Council members are responsible for assessing applications on a truthful, objective, and non-discriminating manner, assume personal responsibilities for their assessment results and group responsibilities assessment results of the councils.
2. Procedures and work of councils
a) Council meetings shall be organized within 15 working days from the date on which records are produced according to Clause 1 Article 19 hereof. Councils shall operate in procedures and conduct works according to Article 11 of Circular No. 08/2017/TT-BKHCN;
b) Vote counting records shall be produced using Form No. B9-BBKP and meeting minutes of council meetings shall be produced using Form No. B10-BBHDTC attached hereto.
3. Completion of task documents according to conclusion of councils
a) Within 3 working days from the date on which councils approve meeting minutes, Department of Intellectual Property shall inform organizations applying for selection, assignment about meeting results in writing;
b) In case applicants have different opinions, applicants shall send their opinions to Department of Intellectual Property in writing within 7 working days from the date on which Department of Intellectual Property issues notice on council meeting results;
c) Within 20 days from the date on which councils approve meeting minutes, selected or assigned presiding organizations and hosts of tasks shall submit following documents to Department of Intellectual Property:
- Documents that have been completed according to council conclusions (if any);
- Written presentation bearing confirmation of Chairpersons of councils regarding details that have been completed according to conclusions of the councils.
1. Applications shall be accepted by councils if all following requirements are met:
a) Average of total assessment score is at least 70.
b) Average of total assessment score in terms of feasibility is at least 40;
c) Average of total assessment score in terms of effectiveness and sustainability is at least 25.
2. In case multiple applications for hosting the same tasks are submitted and satisfy eligibility under Clause 1 of this Article, the applications with the highest average total scores shall be chosen.
3. In case multiple applications satisfy eligibility under Clause 1 of this Article and have the same average total score, the applications shall be chosen in the following order:
a) Whichever applications have the highest average score in feasibility;
b) Whichever applications have the highest average score in effectiveness and sustainability;
c) In case average scores of each criteria above tie, Chairpersons or Vice Chairpersons may authorize host of the meetings to decide.
Article 24. Independent consultants for assessing applications for selection, assignment as presiding organizations of tasks
1. If necessary, within 5 working days from the date on which written request of applicants is received according to Point b Clause 3 Article 22 hereof, Minister of Science and Technology shall consider and decide to consult at least 2 independent consulting experts.
2. Eligibility for independent consulting experts, procedures for consulting, and responsibilities of independent consulting experts shall conform to Article 18, Clause 2 Article 19, and Article 20 of Circular No. 08/2017/TT-BKHCN.
3. Within 3 working days from the date on which independent consulting experts provide their opinions, Department of Intellectual Property shall inform applicants in writing and provide guidelines on completing applications according to opinions of independent consulting experts (if any).
4. Within 20 days from the date on which Department of Intellectual Property issued notice according to Clause 3 of this Article, organizations proposed to host tasks shall complete and send documents to Department of Intellectual Property (if any).
Article 25. Work appraisal and estimate of expenditure on task implementation
1. Appraisal of work and estimate of expenditure on task implementation shall be conducted by groups for appraising work and estimating expenditure (hereinafter referred to as “appraisal groups”). Each appraisal group shall be established my Minister of Science and Technology and consisting of 5 members: Head of Department of Intellectual Property shall act as the Director, heads of entities in charge of state management regarding planning – finance affairs of Ministry of Science and Technology shall act as Vice Directors, either Chairperson or a Vice Chairperson or a review member of consulting councils for selecting, assigning presiding organizations of tasks shall act as a member, an accountant of Department of Intellectual Property shall act as a member, and a representative of supervisory entities of the Program shall act as a member.
2. Working principles, tasks, and working procedures of appraisal groups shall conform to Article 13 and Article 14 of Circular No. 08/2017/TT-BKHCN.
3. Within 7 working days from the date on which documents under Clause 3 Article 22 or Clause 4 Article 24 hereof are received, Department of Intellectual Property shall organize meetings for appraising work and estimating task expenditure.
4. Within 3 working days from the date on which appraisal groups approve meeting minutes, Department of Intellectual Property shall inform presiding organizations and hosts of tasks about results of work appraisal and expenditure estimate.
Article 26. Approval of selection, assignment results of presiding organizations of tasks
1. Within 15 days from the date on which Department of Intellectual Property issues notice on work appraisal and expenditure estimate, presiding organizations and hosts of tasks are responsible for completing documents according to conclusion of appraisal groups and submit to Department of Intellectual Property after receiving confirmation of directors of appraisal groups.
2. Within 5 working days from the date on which documents under Clause 1 of this Article are received, Department of Intellectual Property shall cooperate with state management entities regarding planning – finance affairs of the Ministry in requesting Minister of Science and Technology to consider and approve results of selecting, assigning presiding organizations of tasks of Program.
3. Applications for approval of presiding organization selection, assignment results consist of:
a) Reports on results of selecting, assigning presiding organizations;
b) Documents under Clause 1 Article 17 hereof which include presentation for completed tasks according to Clause 1 of this Article;
c) Decisions on approving list of tasks for selection, assignment, decisions on establishment of consulting councils for selecting, assigning and groups for appraising work and estimating expenditure;
d) Records of opening applications for selection, assignment as presiding organizations of tasks;
dd) Meeting minutes of consulting council meetings and appraisal group meetings;
e) Draft decisions on approving presiding organizations, hosts, expenditure, and time for implementing tasks.
Article 27. Declaration of selection, assignment results of presiding organizations of tasks
1. Within 5 working days from the date on which selection, assignment results are approved by Minister of Science and Technology, Department of Intellectual Property shall publicize selection, assignment results on website of Ministry of Science and Technology and Department of Intellectual Property.
2. Declared information includes: Name of tasks; name, address of presiding organizations, hosts of tasks and time for implementation.
Chapter V
Article 28. Signing contracts for task implementation
Based on decisions on approval of Minister of Science and Technology, Department of Intellectual Property shall sign contracts for task implementation with presiding organizations and hosts using Form No. B11-HDNV attached hereto.
Article 29. Inspecting and reporting on task implementation
1. Presiding organizations and hosts of tasks are responsible for submitting periodic reports (on a 6-month or annual basis) from the date on which Department of Intellectual Property pays in advance for the first time to implement tasks or the date on which irregular reports are produced as requested by Department of Intellectual Property on task implementation and use of task expenditure using Forms No. B12-BCDK and No. B13-BCKP attached hereto.
2. Department of Intellectual Property shall take charge and cooperate with Departments of Science and Technology or agencies specialized in science and technology affiliated to People’s Committees of provinces where tasks are implemented in organizing regular or irregular inspection and assessment of task implementation and use of task expenditure.
3. Procedures for inspecting task implementation
a) Details of inspection:
- Completed contents and implementing contents of tasks;
- Use of expenditure include: fundings from state budget and reciprocal expense (if any);
- Completed products in deployment phase;
- Other details (if any).
b) Inspection period:
- Once every 6 months from the date on which Department of Intellectual Property makes advance payment for the first time for task implementation;
- Irregularly at request of Department of Intellectual Property or Ministry of Science and Technology.
c) Inspection participants:
- Director of Department of Intellectual Property or individuals authorized by Director of Department of Intellectual Property shall act as head of inspectorate;
- 1 specialized official of Department of Intellectual Property;
- 1 accountant of Department of Intellectual Property;
- 1 member of consulting council for determining tasks or consulting council for selecting, assigning presiding organizations of tasks (if necessary);
- Other individuals at request of Department of Intellectual Property or Ministry of Science and Technology.
d) Procedures for inspection: Comply with Article 10 of Circular No. 04/2015/TT-BKHCN dated March 11, 2015 of Minister of Science and Technology (hereinafter referred to as “Circular No. 04/2015/TT-BKHCN”).
If necessary, inspectorate may request inspection for quality and technical specification of products at agencies with appropriate specialty. Expenditure on inspecting quality and technical specification of products shall be allocated from expenditure on general activities of the Program.
dd) Processing of inspection results: Conform to Clause 1 and Clause 2 Article 11 of Circular No. 04/2015/TT-BKHCN.
Revision during task implementation (if any) shall conform to Article 30 through Article 32 hereof.
Article 30. Revision to task implementation period
1. Presiding organizations of tasks may request Minister of Science and Technology to consider extending or lowering task implementation period
2. Within 15 days from the date on which written request of presiding organizations under Clause 1 of this Article is received, Department of Intellectual Property is responsible for reviewing reasons for extending, lowering task implementation period and request Minister of Science and Technology to decide.
3. Extension of task implementation period shall only be implemented once per task. Extended period shall not exceed 12 months for tasks with implementation period longer than 24 months and not exceed 6 months for tasks with implementation period below 24 months. Special cases shall be decided by Minister of Science and Technology.
4. Lowering of task implementation period shall only be considered once at least 2/3 of tasks have been completed.
Article 31. Other changes and revisions
1. Change to presiding organizations of tasks
Presiding organizations of tasks shall only be changed under decisions of competent agencies on amalgamating, acquiring, dividing, separating, transforming, or dissolving presiding organizations. New presiding organizations must satisfy all eligibility under Point a Clause 1 Article 6 hereof.
2. Change to hosts of tasks
Hosts of tasks shall only be changed under circumstances specified in Article 16 of Circular No. 04/2015/TT-BKHCN. New hosts must satisfy all eligibility under Point b Clause 1 Article 6 hereof.
3. Revision of name, objectives, and products of tasks, details, state funding for task implementation, non-state funding for task implementation, and procurement of materials and equipment: Conform to Article 13, Article 14, Article 15, and Article 18 of Circular No. 04/2015/TT-BKHCN.
Article 32. Entitlement, procedures for changing, revising
1. Presiding organizations shall decide to revise details according to Clause 1 Article 19 of Circular No. 04/2015/TT-BKHCN.
2. Minister of Science and Technology shall consider and decide on revising details not specified under Clause 1 of this Article.
3. Procedures for revision shall conform to Article 20 of Circular No. 04/2015/TT-BKHCN.
Article 33. Termination of contracts during task implementation
1. Cases of contract termination during task implementation: Conform to Article 21 No. 04/2015/TT-BKHCN.
2. Entitlement and procedures for terminating contracts
a) Entitlement for terminating contracts:
- Minister of Science and Technology shall issue decisions on terminating contracts. Decisions on terminating contracts must identify expenditure to be reimbursed to state budgets, solutions for disposing products, assets formed or procured during task implementation (if any);
- Department of Intellectual Property shall liquidate contracts with presiding organizations and hosts of tasks.
b) Procedures for terminating contracts: Conform to Article 22 of Circular No. 04/2015/TT-BKHCN.
Article 34. Self-assessment of task implementation results
Presiding organizations and hosts of tasks are responsible for conducting self-assessment of task results using Form No. B14-BCTDG attached hereto before submitting assessment and inspection documents to Department of Intellectual Property.
Article 35. Task result assessment and inspection documents
Task result assessment and inspection documents consist of:
1. Official Dispatches requesting assessment, inspection of task implementation for acceptance of presiding organizations using Form No. 2 attached to Circular No. 11/2014/TT-BKHCN dated May 30, 2014 of Minister of Science and Technology (hereinafter referred to as “Circular No. 11/2014/TT-BKHCN”).
2. Reports consolidating and summarizing task implementation using Form No. B15-BCTH attached hereto.
3. Products and results of tasks according to contracts for implementing tasks and approved task presentation.
4. Reports on use of expenditure using Form No. B13 attached hereto.
5. Self-assessment reports on task implementation according to Article 34 hereof.
6. Other documents (if any).
Article 36. Submission of task result assessment and inspection documents
1. Assessment and inspection documents shall be made into physical copies presented and printed on A4 paper sheets, and utilize Vietnamese font of Unicode encoding according to National Standards TCVN 6909:2001 and font size 14, and electronic copies (in form of PDF files, not locked by password).
2. Submission and receipt of documents shall conform to Article 18 hereof.
3. Deadline for submission and examination of legitimacy of documents shall conform to Clause 1 and Clause 3 Article 7 of Circular No. 11/2014/TT-BKHCN.
Article 37. Consulting councils for assessment and inspection of task results
1. Consulting councils for assessment and inspection of task results shall be established by Minister of Science and Technology within 15 working days from the date on which Department of Intellectual Property receives legitimate assessment and inspection documents.
2. Councils shall consist of 7 or 9 members, which include Chairpersons, 1 Vice Chairperson, 2 review members, 1 secretary of science and other members. Council members are experts in intellectual property, experts having specialty and practical experience in the tasks, representatives of agencies, individuals, which include at least 2 members who have participated in consulting councils for determining tasks or consulting councils for selecting, assigning tasks.
3. Individuals specified under Clause 5 Article 9 of Circular No. 11/2014/TT-BKHCN are not allowed to participate in the councils.
Article 38. Procedures and work of consulting councils for assessment and inspection of task results
1. Meetings of the councils shall be organized within 30 days from the date on which decisions on establishment of councils are issued and when all following requirements are met:
a) Department of Intellectual Property has received opinions of 2 review members in writing at least 1 working day before the council meeting.
b) At least 5 members (in case of 7-member councils) or 7 members (in case of 9-member councils) are present, which include the Chairpersons (or Vice Chairperson) and 2 review members.
2. Working procedures of the councils
a) Councils shall operate in procedures according to Clause 5 Article 9 of Circular No. 11/2014/TT-BKHCN;
b) Council members shall assess task implementation results by giving scores in assessment form using Form No. B16-DGNT attached hereto;
c) Councils shall approve Meeting minute prepared using Form No. B17-BBNT attached hereto.
3. For tasks that include activities conducted on-site, tasks that include intermediate products, products that are specific models, equipment or products that require measurement: If necessary, Department of Intellectual Property shall organize and enable the councils to conduct physical examination or quality control of technical specifications of products in specialized agencies.
Article 39. Principles and expenditure on assessing and inspecting task results
1. Principles for assessing, inspecting: Comply with Article 3 of Circular No. 11/2014/TT-BKHCN.
2. Expenditure on assessing, inspecting:
a) Expenditure on assessing, inspecting tasks shall be allocated by Department of Intellectual Property from expenditure on general Program activities;
b) Additional costs for completing products and inspection documents on task implementation at request of the councils shall be incurred by presiding organizations and hosts of tasks.
Article 40. Assessment and ranking of task implement results
1. Assessment criteria
a) Date of submission of assessment and inspection documents;
b) Level of completion of work items, work load;
c) Legitimacy and science of implemented measures;
d) Level of completion of results and products: Quantity of results and products compared to presentation, contracts for assigning tasks; level of conformity of each product, results compared to assigned scientific and technical quota, criteria;
dd) Effectiveness and sustainability (having intellectual property rights protected and/or capability to apply in practice of products and results) of tasks;
e) Other details and requirements under Article 12 of Circular No. 11/2014/TT-BKHCN and Circular No. 02/2020/TT-BKHCN dated August 10, 2020 of Minister of Science and Technology guiding implementation of Clause 1 Article 41 of Decree No. 70/2018/ND-CP dated May 15, 2018 of the Government.
2. Methods of assessing and ranking tasks of councils
Councils shall rely on average of assessment scores given by council members participating in the meetings, to be specific:
a) “Không nghiệm thu” (Not accepted) if average of assessment scores given by council members are below 50;
b) “Nghiệm thu” (Accepted) if average of assessment scores given by council members are 50 or higher, in which:
- Accept as “Đạt yêu cầu” (Qualified) if average of assessment scores given by council members range from 50 to under 70;
- Accept as “Khá” (Good) if average of assessment scores given by council members range from 70 to under 90;
- Accept as “Xuất sắc” (Excellent) if average of assessment scores given by council members range from 90 to 100.
3. For tasks ranked as “Accepted” according to Point b Clause 2 of this Article, within 30 days from the date on which the councils approve meeting minutes, presiding organizations and hosts of tasks are responsible for completing assessment, inspection documents according to conclusion of councils and submitting to Department of Intellectual Property after obtaining confirmation of Chairpersons of councils about completion of documents.
4. For tasks ranked as “Not accepted” according to Point a Clause 2 of this Article, comply with Joint Circular No. 27/2015/TTLT-BKHCN-BTC dated December 30, 2015 of Minister of Science and Technology.
5. Consulting independent experts regarding assessment and inspection for acceptance of task implementation results shall comply with Article 14 and Article 22 of Circular No. 11/2014/TT-BKHCN.
Article 41. Recognition of task implementation
1. Minister of Science and Technology shall issue decision on recognizing implementation results of nationwide science and technology-related tasks of Program.
2. Documents on recognition of task implementation results consist of:
b) Meeting minutes of councils for assessing, inspecting task implementation results;
b) Copies of certificates for registering task implementation results;
c) Reports on completion of assessment, inspection documents using Form No. 10 attached to Circular No. 11/2014/TT-BKHCN;
d) Remarks of specialized experts or independent consulting experts (if any);
dd) Draft decisions on recognition of task implementation results using Form No. 11 attached to Circular No. 11/2014/TT-BKHCN.
3. Within 5 working days from the date on which adequate documents under Point c Clause 2 of this Article are received, Department of Intellectual Property shall request Minister of Science and Technology to review and issue decisions on recognition of implementation results of nationwide science and technology-related tasks of the Program.
Article 42. Contract liquidation and property disposal after tasks end
1. Department of Intellectual Property shall liquidate contracts for task implementation with presiding organizations and hosts using Form No. B18-TLHD attached hereto.
2. Presiding organizations and hosts of tasks are responsible for managing, extracting task implementation results as per applicable laws. Disposal of properties formed via task implementation shall conform to applicable regulations and law on management and use of properties formed as a result of implementation of science and technology-related tasks utilizing state budget.
1. Signing contracts for implementation and records of contract liquidation shall conform to article 28 and Article 42 hereof.
2. Complying with Clauses 1, 2, 4, 5, 6, 7, 8, and 9 Article 15 of Circular No. 09/2014/TT-BKHCN dated May 27, 2014 of Minister of Science and Technology.
3. Registering, storing task implementation results according to Article 10 of Circular No. 14/2014/TT-BKHCN.
Article 44. Responsibilities of hosts of nationwide science and technology-related tasks of Program
1. Signing contracts for implementation and records of contract liquidation shall conform to article 28 and Article 42 hereof.
2. Organizing implementation and assuming responsibilities for results, products, and effectiveness of tasks; developing measures for applying results in practice or commercializing products of tasks.
3. Using expenditure for the right purposes, effectively; producing reports, managing expenditure, setting task expenditure as per applicable laws.
4. Proposing, recommending to presiding organizations regarding revision to details, products, expenditure and progress of tasks (if necessary).
5. Examining, expediting organizations and individuals to participate, cooperate in implementing tasks under contracts; submitting periodic and irregular reports on task implementation and use of expenditure of tasks.
1. This Circular comes into effect from July 26, 2021. Circular No. 17/2017/TT-BKHCN dated December 29, 2017 of Minister of Science and Technology expires from the effective date hereof.
For projects under Intellectual property development program for 2016 – 2020 where contracts for assigning for implementation has been signed, management, examination, assessment, inspection, and liquidation of contracts shall conform to Circular No. 17/2017/TT-BKHCN dated December 29, 2017 of Minister of Science and Technology until the projects end.
2. Ministries, central government authorities, People’s Committees of provinces shall rely on this Circular to apply or issue documents guiding implementation of ministerial, provincial science and technology-related tasks of Program in a manner satisfactory to this Circular and applicable regulations on managing science and technology-related tasks.
3. If documents referred to in this Circular are amended or replaced, the new documents will prevail.
4. Difficulties that arise during the implementation of this Circular should be reported to the Ministry in writing for consideration.
| PP. MINISTER |
Source: THƯ VIỆN PHÁP LUẬT
For clients speaking English, ANT Lawyers is a law firm in Vietnam with English speaking lawyers, located in the business centers of Hanoi, Danang and Ho Chi Minh City to provide convenient access to our clients. Please contact us via email ant@antlawyers.vn or call our office at +84 28 730 86 529 for legal service in Vietnam.
.jpg)
.jpg)
0 nhận xét:
Đăng nhận xét