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MINISTRY
OF SCIENCE
AND TECHNOLOGY
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SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No.
03/2021/TT-BKHCN
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Hanoi,
June 11, 2021
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CIRCULAR
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;
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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.
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Article 3.
Program tasks
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.
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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.
Article 6.
Requirements for presiding organizations and hosts of science and
technology-related tasks of Program
1. For
national science and technology-related tasks
a) Presiding organizations of tasks
must meet all of the following conditions:
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- 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:
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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.
Article 8.
Information and registration, storage of implementation results of science and
technology-related tasks of Program
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.
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Chapter II
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;
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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.
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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.
Chapter III
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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”.
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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.
Chapter IV
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.
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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) Original copies (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.
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- 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.
Article 19.
Examination and verification of legitimacy of applications for selection,
assignment as presiding organizations of tasks
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.
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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..
Article 21.
Assessment criteria and score of applications for selection, assignment as
presiding organizations of tasks
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.
Article 22.
Principles, procedures, and work of consulting councils for selecting,
assigning presiding organizations of tasks
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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:
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- Written
presentation bearing confirmation of Chairpersons of councils regarding details
that have been completed according to conclusions of the councils.
Article 23.
Eligibility of applications for selection, assignment as presiding
organizations of tasks
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;
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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.
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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;
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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
SIGNING CONTRACTS, INSPECTING, AND REVISING DURING
IMPLEMENTATION OF NATIONWIDE SCIENCE AND TECHNOLOGY-RELATED TASKS OF PROGRAM
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
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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;
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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 .
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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
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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:
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- 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 .
Chapter VI
ASSESSMENT AND INSPECTION OF IMPLEMENTATION RESULTS OF
NATIONWIDE SCIENCE AND TECHNOLOGY-RELATED TASKS OF PROGRAMS
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”).
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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
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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;
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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;
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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;
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- 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;
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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.
Article 43.
Responsibilities of presiding organizations 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. 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.
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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.
Chapter VII
IMPLEMENTATION
Article 45.
Implementation
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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
DEPUTY MINISTER
Pham Cong Tac
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LISTS AND SCHEDULES ATTACHED TO CIRCULAR ON MANAGEMENT OF
INTELLECTUAL PROPERTY PROGRAM UNTIL 2030
(Attached to Circular No. 03/2021/TT-BKHCN dated June 11, 2021 of Minister
of Science and Technology)
No.
Code
Title
1
B1-DXNV
Task
proposal
2
B2-NXNV
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3
B3-BBNV
Meeting
minute of consulting council for determining tasks
4
B4-DMNV
List
of task order for placement
5
B5-PDK
Application
for selection of presiding organizations of tasks
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B6-TMNV
Task
presentation
7
B7-KTHS
Inspection
records of legitimacy of applications for selection/assignment as presiding
organizations of tasks
8
B8-PDG
Assessment
of applications for selection/assignment as presiding organizations of tasks
9
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Vote
counting records of assessment of applications for selection/assignment as
presiding organizations of tasks
10
B10-BBHDTC
Meeting
minutes of consulting councils for selecting/assigning presiding
organizations of tasks
11
B11-HDNV
Contract
implementatioin contract
12
B12-BCDK
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B13-BCKP
Task
expenditure use report
14
B14-BCTDG
Self-assessment
report on task implementation results
15
B15-BCTH
Guidelines
on producing consolidated report on task implementation results
16
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Assessment
of task implementation results
17
B17-BBNT
Meeting
minutes of councils for inspecting task implementation results
18
B18-TLHD
Record
of liquidation of task implementation contract
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