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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.
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.
Article 3. Program tasks
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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.
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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:
- Be juridical person, have
operating functions suitable with specific field of tasks; and
- Be capable of mobilizing
expenditure on implementing tasks; and
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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;
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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.
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.
Chapter II
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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;
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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.
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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
DEVELOPMENT,
DETERMINATION, AND APPROVAL OF NATIONWIDE SCIENCE AND TECHNOLOGY-RELATED TASKS
OF PROGRAM
Article 13. Proposing
placement of task order
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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.
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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.
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:
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- 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;
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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.
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
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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
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;
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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.
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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.
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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
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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
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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);
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- 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);
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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.
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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.
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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.
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
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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
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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.
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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;
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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
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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
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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.
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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.
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).
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Chapter VII
IMPLEMENTATION
Article 45. Implementation
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
DEPUTY MINISTER
Pham Cong Tac
ANNEX
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
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Assessment of task
proposal
3
4
5
Application for
selection of presiding organizations of tasks
6
7
8
9
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11
12
B12-BCDK
13
Task expenditure
use report
14
Self-assessment
report on task implementation results
15
16
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Meeting
minutes of councils for inspecting task implementation results
18