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MINISTRY OF SCIENCE |
SOCIALIST REPUBLIC OF VIETNAM |
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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.
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.
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.
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.
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PP. MINISTER |
Source: THƯ VIỆN PHÁP LUẬT
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