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THE
GOVERNMENT
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THE
SOCIALIST REPUBLIC OF VIETNAM
Independence– Freedom – Happiness
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No.
13/2012/ND-CP
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Hanoi,
March 02, 2012
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DECREE
PROMULGATING THE REGULATION ON INNOVATIONS
THE GOVERNMENT
Pursuant to the December 25,
2001 Law on Organization of the Government;
At the proposal of the
Minister of Science and Technology,
DECREES:
Article 1.
To promulgate together with this Decree the Regulation on innovations.
Article 2.
The Ministry of Science and Technology shall assist the Government in
performing the unified state management of innovation activities nationwide.
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Article 3.
This Decree takes effect on April 25, 2012, and replaces the provisions on
innovations of the Regulation on innovations, technical improvements for
production rationalization and inventions, promulgated together with Decree No.
31 -CP of January 23, 1981, which was amended and supplemented by Decree No.
84/HDBT of March 20, 1990, of the Council of Ministers (now the Government).
ON
BEHALF OF THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung
REGULATION
ON INNOVATIONS
(Promulgated together with the Government's Decree No. 13/2012/ND-CP of
March 2, 2012)
Chapter I
GENERAL PROVISIONS
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1. This Regulation details the
conditions and procedures for recognizing innovations, rights and obligations of
innovation investors, innovators and persons participating in first-time
application of innovations, measures to promote innovation activities, and the
state management of innovation activities.
2. This Regulation applies to
Vietnamese and foreign institutions and individuals engaged in innovation
activities in Vietnam.
Article 2.
Interpretation of terms
In this Regulation, the terms
below are construed as follows:
1. Innovation activities include
activities of creating, applying and recognizing innovations and performing
innovation-related rights and obligations.
2. Innovation transfer means the
transfer of all knowledge and information about an innovation so that the
transferee can apply such innovation.
3. First-time application of an
innovation means the application of an innovation for the first time, including
the trial application.
4. Establishment means an agency
or institution which is established under law and can independently participate
in civil law relations in its own capacity.
5. Innovator means a person who,
through his/her creative labor, directly creates an innovation. Co-innovators
are persons who jointly create an innovation.
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An innovator is concurrently
regarded as the investor of an innovation if he/she is neither assigned nor
hired or receives no fund or physical-technical means from another party to
create such innovation.
Article 3.
Innovations
1. An innovation is a technical,
managerial, operational or technical advance application solution (below
collectively referred to as solution), which may be recognized as such by an
establishment if fully satisfying the following conditions:
a/ It is novel within the
establishment;
b/ It has been applied or
experimentally applied at the establishment and is capable of bringing about
practical benefits:
c/ It is other than the objects
specified in Clause 2 of this Article.
2. The following objects are not
recognized as innovations:
a/ Solutions which have been
published or applied against public order or social ethics;
b/ Solutions which are protected
under the intellectual property law at the time of recognition.
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1. A solution is considered
novel within an establishment if, prior to the date of filing a written request
for innovation recognition or the date of commencement of its trial or
first-time application, whichever is earlier, within such establishment, it
fully satisfies the following conditions:
a/ It is not identical to a
solution stated in an earlier filed innovation registration application;
b/ It is not yet publicly
revealed in documents, books, newspapers or technical documents to an extent
that it can be immediately implemented;
c/ It is not identical to
another person's solution which has been applied or experimentally applied or
included in a plan for application or popularization or preparation of
conditions for application or popularization;
d/ It is not yet stipulated as a
compulsory standard, process or norm.
2. A solution is considered
capable of bringing about practical benefits if its application can bring about
economic effectiveness (for example, higher labor productivity, reduced
production costs, improved product and service quality, and higher technical
efficiency), or social benefits (for example, improved labor safety conditions,
living and working conditions, environmental protection and human health).
Chapter II
INNOVATION RECOGNITION
Article 5.
Request for innovation recognition
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a/ The establishment that is the
innovation investor;
b/ The establishment that is
transferred the innovation by the innovator under an agreement between the two
parties, provided that the innovation investor refuses to recognize the
innovation and has no other agreement with the innovator;
c/ The establishment that is
transferred the innovation by the innovator under an agreement between the two
parties, in case the innovator is concurrently the innovation investor.
2. For an applied solution, the
statute of limitations for exercising the right to request the innovation
recognition is one year from the date of first-time application of the
innovation.
3. A written request for
recognition of an innovation contains the following details:
a/ Name of the establishment
requested to recognize the innovation;
b/ Name of the innovator or
names of the co-innovators (if any) and proportion of contribution of each
innovator to the creation of the innovation:
c/ Innovation investor;
d/ Title of the innovation;
field of application; description of the innovation's nature, clearly
indicating information which must be kept confidential (if any);
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f/ Persons engaged in the
first-time application of the innovation (if any);
g/ Evaluation of benefits
brought about or expected to be brought about by the innovation application
according to opinions of institutions and individuals that have applied the
innovation (if any) and of the innovator.
Article 6.
Receipt and examination of written requests for innovation recognition
1. Establishments which may be
requested to recognize innovations specified in Clause 1, Article 5 shall
receive and examine written requests for innovation recognition, assist
innovators in completing their written requests, and examine these requests in
accordance with this Regulation.
2. Within one month after
receiving a written request for recognition of an innovation, an establishment
shall examine the written request in accordance with Clause 3, Article 5 and
carry out the following procedures:
a/ Notifying the innovator of
improper contents of the request and setting a time limit of one month for the
innovator to modify, supplement and resend the request;
b/ Notifying the innovator of
the acceptance of the request, taking notes of relevant information in the
request, and preserving the request dossier in accordance with regulations;
c/ Notifying the innovator of
the reason for refusal to receive the request.
Article 7.
Consideration of innovation recognition
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a/ Recognize the innovation and
grant an innovation certificate to the innovator, except the cases specified at
Point b of this Clause; or
b/ Refusing to recognize the
innovation, if the object stated in the written request fails to satisfy the
conditions specified in Articles 3 and 4, and notify in writing the innovator
of the refusal, clearly stating the reason.
2. An innovation certificate
must contain the following details:
a/ Name of the establishment
recognizing the innovation;
b/ Title of the recognized
innovation;
c/ Innovators or co-innovators;
d/ The innovation investor;
e/ Summarized contents of the
innovation; socio-economic benefits which can be brought about by its
application;
f/ Other appropriate information
decided by the innovation-recognizing establishment.
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4. For an innovation created
with the State's funds and physical-technical means, if the head of the
innovation-recognizing establishment is the very innovator, the recognition of
the innovation must be approved by a management agency in accordance with the
following provisions:
a/ In case the establishment is
a state agency or institution, the innovation recognition must be approved by
its direct superior management agency;
b/ In case it is not a stale
agency or institution, the innovation recognition must be approved by the
provincial-level Science and Technology Department of the locality in which the
establishment is based or by the stale agency or institution that directly
funds the creation of the innovation.
Article 8.
Innovation council
1. The head of an innovation
recognition-considering establishment may set up an innovation council to
assess a solution requested to be recognized as an innovation, serving as a
basis for decision on the innovation recognition.
In case an innovation is created
with the State's funds and physical-technical means and the heads of the
innovation recognition-considering establishment is the very innovator, such
innovation must be assessed by an innovation council.
2. An innovation council is
composed of persons who have expertise relevant to the contents of the
innovation, representative( s) of the trade union of which the innovator is a
member and other persons as decided by the head of the innovation
recognition-considering establishment.
3. An innovation council is
tasked to objectively and honestly assess the solution requested to be
recognized as an innovation based on the conditions specified in Articles 3 and
4 of this Regulation, and make an assessment report with all opinions of the
council members and the result of the council's voting.
Chapter
III
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Article 9.
Rights of innovation investors, innovators and persons participating in the
first-time application of innovations
1. For a recognized innovation,
its investor has the following rights:
a/ To apply it;
b/ To transfer it to another
institution or individual in accordance with law.
2. For a recognized innovation,
its author has the following rights:
a/ To be acknowledged as the
innovator in the innovation certificate and when it. is popularized or
introduced:
b/To receive a remuneration in
accordance with Article 10;
c/ To enjoy other incentives
provided by the law on emulation and commendation and the law on science and
technology:
d/ To apply and transfer it to
other institutions and individuals, unless it is subject to intellectual
properly rights of its investor and there is another agreement between the
innovator and the investor:
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3. For a recognized innovation,
persons participating in its first-time application are entitled to a
remuneration provided in Article 10.
4. The application and transfer
of innovations specified in Clauses 1 and 2 of this Article must neither
infringe upon protected intellectual property rights, rights and legitimate
interests of other institutions and individuals, nor contravene the law.
Article 10.
Obligation to pay remunerations to innovators and persons participating in the
first-time application of innovations
1. Before the expiration of the
duration of 4 years from the date of recognition of an innovation, if its
investor applies or transfers it to another institution or individual for
application, it is obliged to pay a remuneration to the innovator and persons
participating in the first-time application of the innovation under the
agreement among them or in accordance with Clauses 2,3,4 and 5 of this Article
in case they reach no agreement.
2. In case an innovation
investor is an economic institution or a non-business unit that generates
revenues and practices independent accounting, if there is no agreement between
the innovator and the investor, the payment of remuneration to the innovator
shall be made according to the following provisions:
a/ The remuneration is paid
annually for the first three years of application of the innovation within one
month after the end of each year of application and at the level equal to at
least 7% of the annual monetary benefit amount resulting from the application.
In case it is impossible to calculate such amount, the annual remuneration must
be at least five times the common minimum wage prescribed by the Slate at the
time of remuneration payment;
b/ The remuneration is paid for
three years after the innovation is recognized each time of transfer of the
innovation to another institution or individual, within one month after the
payment for each time of transfer is received and at the level equal to at
least 15% of the transfer price.
3. In case an innovation
investor is neither an economic institution nor a non-business unit that
generates revenues and practices independent accounting, if there is no
agreement between the innovator and the investor, the payment of remuneration
to the innovator shall be made as for the case in which it is impossible to
calculate annual monetary benefit amounts resulting from the innovation
application specified at Point a, Clause 2 of this Article.
4. The obligation to pay
remunerations to persons participating in the first-time application of an
innovation shall be performed at the same time with the payment of remuneration
to the innovator and at the level equal to at least 20% of the remuneration
payable to the innovator if there is no agreement between these persons and the
innovation investor.
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Article 11.
Determination of monetary benefit amounts resulting from innovation application
1. Monetary benefit amount
resulting from the application of an innovation is the total sum of money saved
from all benefits directly brought about by the application, after subtracting
all expenses for the application.
2. Direct monetary benefit
amounts shall be determined on the basis of comparing actual economic and
technical levels before and after the application of an innovation.
3. Indirect monetary benefit
amounts resulting from the application shall not be calculated when determining
monetary benefit amounts.
Article 12.
Obligations of innovators and persons participating in the first-time
application of innovations
1. An innovator has the
following obligations:
a/ To provide sufficient
information on his/ her innovation so that his/her innovation can be applied to
the innovation-recognizing establishment;
b/ To participate in the first-time
application of his/her innovation;
c/ To keep confidential
information on his/her innovation in accordance with the agreement with the
innovation investor and law;
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2. Persons participating in the
first-time application of an innovation have the following obligations:
a/ To provide detailed
information on the application of the innovation to the innovation
recognition-considering institution;
b/ To keep confidential
information in accordance with the agreement with the innovation investor and
law.
Article 13.
Rights and obligations related to innovations eligible for intellectual
property rights protection
In case an object being an
innovation has been recognized and later eligible for intellectual property
rights protection, from the time of establishment of intellectual property
rights, the provisions of the intellectual property law shall apply to such
object in replacement of the regulations on innovations.
Chapter IV
MEASURES TO PROMOTE
INNOVATION ACTIVITIES
Article 14.
Popularization of innovations
1. Ministries, sectors and provincial-level
People's Committees shall take the following measures to popularize innovations
in areas under their management:
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b/ To support the first-time application
of innovations, reach agreement and coordinate with innovation investors in
publicizing, popularizing and widely applying innovations which are susceptible
of wide application and likely to bring about great benefits for society;
c/ To publicize, popularize and
widely apply innovations being managerial and operational solutions in the
State's administrative and non-business management and innovations created with
the State's funds and physical and technical means.
2. Brokerage service providers may
collect brokerage charges at rates agreed upon with innovation investors.
Article 15.
Promotion of creative-labor emulation movements
1. Ministries, sectors and
provincial-level People's Committees shall coordinate with the Trade Union, the
Communist Youth Union and the Union of Scientific and Technical Associations in
taking the following measures to encourage people to participate in
creative-labor emulation movements:
a/ To organize creativity
contests and exhibitions of outcomes of creative labor, the National Week of
innovations, annually review and commend innovation activities and other
activities to honor innovative institutions and individuals and praise
innovations which are susceptible of wide application and likely to bring about
practical benefits for society;
b/ To organize forums for
innovation activities, such as innovation websites and clubs; to popularize and
publicly commend innovative institutions and individuals in creative labor
emulation movements.
2. Innovation-recognizing
establishments, ministries, sectors and provincial-level People's Committees
may take the following measures to encourage agencies, institutions and
individuals that record outstanding achievements in creating and applying
innovations:
a/ To give priority to raising
salaries or professional ranks, providing training courses for improving
professional qualifications and other welfare benefits firstly for innovators;
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3. The following agencies and
institutions shall review, commend and reward innovation activities in their
sectors and at their levels:
a/ The Ministry of Science and
Technology and the Vietnam Union of Scientific and Technical Associations shall
jointly assume the prime responsibility for, and coordinate with the Vietnam
General Confederation of Labor and the Central Committee of the Ho Chi Minh
Communist Youth Union in, reviewing, commending and rewarding innovation
activities nationwide;
b/ Provincial-level Science and
Technology Departments shall assist provincial-level People's Committees in
assuming the prime responsibility for, and coordinate with local Unions of
Scientific and Technical Associations (if any), labor federations, the Ho Chi
Minh Communist Youth Union and local departments, divisions and sectors in,
reviewing innovation activities in localities;
c/ Ministries, ministerial-level
agencies and government-attached agencies shall review innovation activities of
their sectors and branches.
Article 16.
Expenses for innovation activities and measures to promote innovation
activities
1. Expenses for innovation
activities, including expenses for creation and application of innovations,
payment of remunerations or rewards to innovators and persons participating in
the first-time application of innovations shall be covered as follows:
a/ Non-business units that pay
by themselves part of their regular operation expenses may enjoy partial
supports from the state budget for expenses for innovation activities as
incorporated in their annual budget expenditure estimates on the basis of their
projected revenues;
b/ Non-business units that pay
by themselves 100% of their regular operation expenses may use the fund for
development of non-business activities to pay expenses for innovation
activities;
c/ Non-business units that have
all of their regular operation expenses covered by the State and other state
units and agencies (other than non-business units) may incorporate expenses for
innovation activities in their annual state budget expenditure estimates.
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3. Funds for activities
specified in Clause 1 of Article 15 shall be deducted from annual state budget
allocations for state management activities of ministries, sectors and
provincial-level People's Committees and state budget allocations of agencies
and institutions and other financial sources.
Agencies specified in Clause 1
of Article 15 shall plan and estimate annual funds for their innovation
activities.
4. The Ministry of Finance shall
assume the prime responsibility for, and coordinate with related ministries and
sectors in, guiding in detail the finance provisions of this Decree.-
ON
BEHALF OF THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung