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