Circular No. 03/2021/TT-BKHCN on managing the Intellectual Property Development Program until 2030

CIRCULAR

Regulations on managing the Intellectual Property Development Program until 2030

intellectual property until 2030

Pursuant to the Law on Science and Technology dated June 18, 2013; the Law Amending and Supplementing Certain Provisions of 11 Laws Related to Planning dated June 15, 2018;

Pursuant to the Law on Intellectual Property dated November 29, 2005 and the Law Amending and Supplementing Certain Provisions of the Law on Intellectual Property dated June 19, 2009; the Law Amending and Supplementing Certain Provisions of the Law on Insurance Business and the Law on Intellectual Property dated June 14, 2019;

Decision No. 157/QĐ-TTg dated February 1, 2021 of the Prime Minister promulgating the National Product Development Program until 2030;

Pursuant to Decree No. 95/2017/NĐ-CP dated August 16, 2017, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Science and Technology;

Implementing Decision No. 1068/QD-TTg dated August 22, 2019 of the Prime Minister approving the Intellectual Property Strategy until 2030;

Implementing Decision No. 2205/QD-TTg dated December 24, 2020 of the Prime Minister approving the Intellectual Property Development Program until 2030;

At the proposal of the Director of the National Office of Intellectual Property and the Head of the Legal Department;

The Minister of Science and Technology issues this Circular regulating the management of the Intellectual Property Development Program until 2030.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

Article 1. This Circular regulates the management of the Intellectual Property Development Program until 2030 (hereinafter referred to as the Program), which was approved by Decision No. 2205/QD-TTg dated December 24, 2020 of the Prime Minister (Decision No. 2205/QD-TTg).

Article 2. This Circular applies to organizations and individuals implementing and participating in the Program, as well as other relevant agencies, organizations, and individuals.

Article 3. Principles for Managing the Program

Clause 1. Implementation in accordance with the Law on Science and Technology, the Law on Intellectual Property, and related legal normative documents.

Clause 2. Management of the Program must ensure transparency and openness. Tasks under the Program must be carried out in accordance with the objectives and contents specified, without infringing upon the intellectual property rights of other right holders.

Clause 3. Use of the Program's budget funds for their intended purposes, effectively, without waste, and in compliance with the State Budget Law and current regulations.

Article 4. Tasks Under the Program

Tasks under the Program include regular tasks and science and technology tasks.

Clause 1. Regular tasks under the Program: These are tasks associated with the functions and professional duties of the Program management agency, implemented according to current regulations on state budget expenditure systems and standards, payment under contracts, and actual expenditures within the approved budget estimate of the Program management agency, including:

Point a) Supporting registration for protection both domestically and internationally for inventions, industrial designs, trademarks, and registration for protection and recognition of new plant varieties as stipulated in point a, clause 2, section II, Article 1 of Decision No. 2205/QD-TTg;

Point b) Compiling and issuing intellectual property materials as stipulated in point b, clause 6, section II, Article 1 of Decision No. 2205/QD-TTg;

Point c) Honoring and rewarding collectives and individuals for outstanding achievements in intellectual property activities as stipulated in point d, clause 6, section II, Article 1 of Decision No. 2205/QD-TTg.

Clause 2. Science and technology tasks under the Program: These are national, ministerial, and provincial-level science and technology tasks funded from the state’s scientific and technological affairs budget through selection or direct assignment to implement the contents specified in section II, Article 1 of Decision No. 2205/QD-TTg, excluding the tasks specified in point b, clause 1 of this Article.

Article 4. Classification of scientific and technological tasks under the Program

1. National-level scientific and technological tasks managed by the Ministry of Science and Technology include: Tasks meeting the criteria for national-level scientific and technological tasks as stipulated in Clause 1, Article 25 of Decree No. 08/2014/ND-CP dated January 27, 2014 of the Government detailing and guiding certain provisions of the Law on Science and Technology (hereinafter referred to as Decree No. 08/2014/ND-CP), and tasks under the Program that are developed and implemented according to a pilot model with potential for replication, dissemination, or have specific characteristics and complexity in intellectual property expertise.

2. Sectoral-level scientific and technological tasks managed by ministries, ministerial-level agencies, or government agencies include: Tasks meeting the criteria for sectoral-level scientific and technological tasks as stipulated in Clause 1, Article 26 of Decree No. 08/2014/ND-CP, prioritizing tasks aimed at enhancing awareness, training, and education on intellectual property, and improving capacity in creating, managing, and developing intellectual property assets within units and organizations under ministries, ministerial-level agencies, or government agencies.

3. Provincial-level scientific and technological tasks managed by provincial People's Committees or municipal People's Committees directly under the central government include: Tasks meeting the criteria for provincial-level scientific and technological tasks as stipulated in Clause 1, Article 27 of Decree No. 08/2014/ND-CP, and tasks implementing local economic and social development goals and objectives, built upon the inheritance and application of results from national-level scientific and technological tasks that have been concluded and accepted, suitable to local conditions.

Article 5. Requirements for scientific and technological tasks under the Program

1. They must be urgent and relevant to the Program's objectives and content, aligning with the development orientation and plans for the economy, society, science, and technology in sectors, fields, and localities.

2. The outcomes and products must be applicable in practice or address theoretical and scientific issues in the field of intellectual property, demonstrating sustainability and potential for maintenance and expansion after the completion of the task.

3. They must not overlap with existing or ongoing national-level scientific and technological tasks and Programs.

4. The maximum duration for implementing scientific and technological tasks under the Program is 36 months. In special cases, this period may be decided by the head of the approving authority.

Article 6. Requirements for the leading organization and principal investigator of scientific and technological tasks under the Program

1. For national-level scientific and technological tasks

a) The leading organization must meet the following conditions simultaneously:

- Possess legal entity status and functions appropriate to the specialized field of the task;

- Have the ability to mobilize corresponding funds to implement the task;

- Not fall under any of the circumstances specified in Clause 2, Article 4 of Circular No. 08/2017/TT-BKHCN dated June 26, 2017 of the Minister of Science and Technology on the selection and direct assignment of organizations and individuals to carry out national-level scientific and technological tasks funded by state budget (hereinafter referred to as Circular No. 08/2017/TT-BKHCN).

b) The principal investigator must meet the following conditions simultaneously:

- Hold a bachelor's degree or higher, possess relevant expertise, and have at least three years of experience in the field of the task or be the author of objects defined in Article 3 of the Intellectual Property Law registering as the principal investigator for related intellectual property rights;

- Have the capability to directly organize and ensure sufficient time to lead the implementation of the task;

- Not fall under any of the circumstances specified in Clause 4, Article 4 of Circular No. 08/2017/TT-BKHCN.

2. For sectoral and provincial-level scientific and technological tasks: Implement requirements for the leading organization and principal investigator of sectoral and provincial-level scientific and technological tasks as prescribed by competent authorities.

Article 7. Code Numbers for Scientific and Technological Tasks under the Program

The scientific and technological tasks under the Program shall be coded as follows:

SHTT.TW(B,ĐP).XX-20YY, wherein:

a) SHTT: Is the general symbol for tasks under the Program;

b) TW: Is the symbol for national-level scientific and technological tasks;

c) B: Is the symbol for ministry-level scientific and technological tasks;

d) ĐP: Is the symbol for provincial-level scientific and technological tasks;

đ) XX: Is the serial number of the task;

e) YY: Is the last two digits of the year when the task begins implementation.

Article 8. Information and Registration, Retention of Results of Scientific and Technological Tasks under the Program

1. Information on scientific and technological tasks under the Program (including: Name, objectives, expected products, leading organization, head, time frame; summary of implementation results) shall be publicly disclosed on the electronic portal of the managing agency or other mass media in accordance with the provisions of the law.

2. Communication of results of tasks under the Program shall be carried out in accordance with the provisions of the Law on Science and Technology and the Law on Press.

3. Leading organizations and heads of tasks shall implement registration and retention of results in accordance with the legal provisions on the collection, registration, retention, and disclosure of information on scientific and technological tasks.

Chapter II
MANAGEMENT OF THE PROGRAM

Article 9. Managing Agency of the Program

1. Ministry of Science and Technology: Uniformly manages the Program and directly manages national-level scientific and technological tasks under the Program.

2. Ministries, agencies at the ministerial level, and government agencies: Directly manage ministry-level scientific and technological tasks under the Program and coordinate with the Ministry of Science and Technology to organize the implementation of the Program.

3. People's Committees of provinces and centrally-administered cities: Directly manage provincial-level scientific and technological tasks under the Program and coordinate with the Ministry of Science and Technology to organize the implementation of the Program.

Article 10. Responsibilities of the Ministry of Science and Technology

1. Organize the implementation and uniformly manage the Program according to the division of labor by the Prime Minister as stipulated in Decision No. 2205/QĐ-TTg, specifically as follows:

a) Organize common activities and regular tasks under the Program at the central level;

b) Guide the proposal of national-level scientific and technological tasks, build and approve the list of national-level scientific and technological tasks under the Program;

c) Select and directly assign leading organizations for national-level scientific and technological tasks;

d) Approve the selection results, directly assign leading organizations, heads, funding, and time frame for the implementation of national-level scientific and technological tasks;

đ) Compile the budget estimate of the Program managed by the Ministry of Science and Technology to balance within the annual state budget for science and technology; allocate the budget estimate for implementing national-level scientific and technological tasks and the budget estimate for common activities and regular tasks under the Program at the central level;

e) Inspect the implementation and decide to permit adjustments (if any) during the implementation of national-level scientific and technological tasks;

g) Approve the procurement plan for packages of purchasing machinery, equipment, goods, raw materials, and services for national-level scientific and technological tasks funded from the state budget for science and technology in accordance with regulations;

h) Audit the final accounts of funding for implementing national-level scientific and technological tasks and funding for common activities and regular tasks under the Program at the central level. Handle assets formed from national-level scientific and technological tasks;

i) Organize evaluation, acceptance, recognition of results of implementing national-level scientific and technological tasks; organize dissemination and replication of results of tasks under the Program;

k) Guide ministries, sectors, and localities to evaluate implementation results, develop annual implementation plans for the Program, interim review plans, and comprehensive review plans for the Program.

2. The Intellectual Property Department and related units of the Ministry, according to their functions, tasks, and assigned authorities, assist the Minister of Science and Technology in organizing the implementation of the tasks specified in Clause 1 of this Article.

Article 11. Responsibilities of Ministries, Agencies at the Ministerial Level, and Government Agencies

1. Coordinate with the Ministry of Science and Technology to organize the implementation of the Program according to the division of labor by the Prime Minister as stipulated in Clause 3 and Clause 4 of Article 2 of Decision No. 2205/QĐ-TTg.

2. Manage scientific and technological tasks at the ministerial level within the Program.

3. Designate and assign units to assist the Minister, Head of an Agency at the Ministerial Level, or Government Agency in organizing the implementation of the tasks specified in Clauses 1 and 2 of this Article.

Article 12. Responsibilities of Provincial People's Committees

1. Coordinate with the Ministry of Science and Technology to organize the implementation of the Program according to the division of labor by the Prime Minister as stipulated in Clause 5 of Article 2 of Decision No. 2205/QĐ-TTg.

2. Manage common activities, regular tasks, and provincial-level scientific and technological tasks within the Program in accordance with the provisions of the Law on Science and Technology and guiding documents.

3. Coordinate in managing national-level and ministerial-level scientific and technological tasks within the Program implemented within their jurisdiction.

4. The Department of Science and Technology or specialized agency for science and technology under the Provincial People's Committee shall take the lead and coordinate with relevant units to assist the Provincial People's Committee in implementing the tasks specified in Clauses 1, 2, and 3 of this Article.

Chapter III
BUILDING, IDENTIFYING AND APPROVING NATIONAL-LEVEL ORDERED TASKS OF THE PROGRAM

 SCIENTIFIC AND TECHNOLOGICAL RESEARCH AND DEVELOPMENT

Article 13. Proposing Ordered Tasks

1. Annually, based on guidelines from the Ministry of Science and Technology, ministries, sectors, localities, organizations, or individuals propose ordered national-level scientific and technological tasks within the Program according to Model B1-ĐXNV issued together with this Circular.

2. Proposals for ordered tasks are sent directly, online, or through postal services to the National Office of Intellectual Property.

3. The date of receipt of the proposal for ordered tasks: Is the date when the postal service organization stamps the envelope of the dossier (in case of sending via post) or the date when the National Office of Intellectual Property stamps "received" (in case of direct submission); the date when the organization or individual submits the dossier electronically.

Article 14. Identifying and Approving the List of Tasks

1. Within seven working days from the end date of receiving proposals for ordered tasks as stipulated in Article 13 of this Circular, the National Office of Intellectual Property will compile and review the proposals and submit them to the Minister of Science and Technology for consideration, organizing an advisory council to determine tasks within the Program.

2. The advisory council to determine tasks is established by the Minister of Science and Technology, consisting of seven or nine members, including the Chairman, one Deputy Chairman, two opposing members, one scientific secretary, and other members. Members of the council are experts in intellectual property, specialists with expertise and practical experience in the field of the task, representatives of state management agencies, or other organizations and individuals related to the task.

3. The advisory council to determine tasks can only convene if at least five members (for councils with seven members) or seven members (for councils with nine members) are present, including the Chairman (or Deputy Chairman) and two opposing members. The Chairman chairs the council meetings. In the absence of the Chairman, the Deputy Chairman chairs the meeting in writing.

The procedures for the council's work are carried out according to the provisions of Clauses 1, 2, 3, 4, 5, and 6 of Article 18 of Circular No. 07/2014/TT-BKHCN dated May 26, 2014, issued by the Minister of Science and Technology (hereinafter referred to as Circular No. 07/2014/TT-BKHCN) which regulates the procedures for determining national-level scientific and technological tasks using state budget funds, amended and supplemented by Circular No. 03/2017/TT-BKHCN dated April 3, 2017. Council members evaluate the proposals for ordered tasks within the Program according to the provisions of Article 6 and Model B2-NXNV issued together with this Circular. The council unanimously agrees to "implement" for proposals with at least 75% of participating council members voting for "implement" and proposes the method of implementation ("Selection" or "Direct Assignment").

The council approves the Meeting Minutes according to Model B3-BBNV issued together with this Circular.

4. In cases where requested by the Chairman and at least one opposing member, before convening the council, the National Office of Intellectual Property organizes site visits and works with the proposing unit and other related units to verify and assess information and data to determine the suitability of the subject, form, and criteria for protection; determine the content, management methods, and development of intellectual property assets serving the examination and evaluation of task proposals.

5. Within ten working days from the date the council approves the Meeting Minutes, the National Office of Intellectual Property collaborates with the State Management Unit for Planning and Finance of the Ministry to build the list of national-level ordered scientific and technological tasks according to Model B4-DMNV issued together with this Circular and submit it to the Minister of Science and Technology for consideration and approval.

Article 15. Announcing the list of tasks

Within three working days from the date of approval, the National Office of Intellectual Property shall announce the list of national-level scientific and technological tasks on the Ministry of Science and Technology's and the National Office of Intellectual Property's electronic information portal.

Chapter IV
SELECTION AND DIRECT ASSIGNMENT OF NATIONAL-LEVEL SCIENTIFIC AND TECHNOLOGICAL TASKS UNDER THE PROGRAM

Article 16. Notification of selection and direct assignment of the leading organization for the task

1. The National Office of Intellectual Property shall be responsible for notifying the selection and direct assignment of the leading organization for the task on the Ministry of Science and Technology's and the National Office of Intellectual Property's electronic information portal.

2. The notification of selection and direct assignment of the leading organization for the task shall include the following basic information: Name of the task; orientation and objectives of the task; expected products; requirements for the application dossier for selection and direct assignment of the leading organization for the task; time and address for submitting the dossier.

Article 17. Application dossier for selection and direct assignment of the leading organization for the task

1. The dossier (one set) shall be presented and printed on A4 paper, using Vietnamese font from the Unicode character set according to the national standard TCVN 6909:2001, font size 14, and one electronic copy of the dossier (in PDF format, without password protection), including:

a) Originals (with seals and signatures) of the following documents:

- Task leader organization selection application form according to Model B5-PDK issued together with this Circular;

- Task description according to Model B6-TMNV issued together with this Circular;

- Summary of the scientific and technological activities of the organization applying for selection and direct assignment of the task according to the model prescribed in Clause 4, Article 5 of Circular No. 08/2017/TT-BKHCN;

- Scientific curriculum vitae of the task leader, main members, and scientific secretary implementing the task; scientific curriculum vitae of domestic and foreign experts implementing the task according to the models prescribed in Clause 5 and Clause 6, Article 5 of Circular No. 08/2017/TT-BKHCN;

- Confirmation documents regarding the agreement to cooperate in implementing the task of the cooperating units (if any) according to the model prescribed in Clause 7, Article 5 of Circular No. 08/2017/TT-BKHCN;

- Quotation for major equipment, raw materials needed to purchase, services needed to rent to implement the task, the quotation period not exceeding thirty days from the submission deadline. The quotation may be updated, adjusted, or supplemented before the meeting to review the content and budget estimate for implementing the task (if necessary);

- Documents proving the plan for mobilizing corresponding funds (for tasks requiring the mobilization of corresponding funds) according to Clause 10, Article 5 of Circular No. 08/2017/TT-BKHCN.

b) Certified copies of the following documents:

- Decision on establishment or Business Registration Certificate of the organization applying to lead or other equivalent documents;

- Financial reports of at least two recent years of the organization applying for selection and direct assignment of the task;

2. The dossier must be sealed and clearly marked on the outside with the following information: Name of the task, list of documents in the dossier; name and address of the organization applying for selection and direct assignment to lead the task, name of the individual applying to lead the task and contact person information (telephone number and email address).

Article 18. Submission and Acceptance of Applications

1. The method of submitting applications and the date of accepting applications shall be carried out in accordance with the provisions of Clause 2 and Clause 3 of Article 13 of this Circular.

2. Within the period for accepting applications, the organization registering to select and directly assign tasks has the right to withdraw submitted applications, replace them with new ones, or supplement and amend previously submitted applications. Supplementary and amended documents are part of the previously submitted application.

Article 19. Examination and Confirmation of the Validity of Applications for Selecting and Directly Assigning Tasks by the Leading Organization

1. Within five working days from the end date of the application acceptance period, the Intellectual Property Office completes the examination, confirmation of validity, and prepares the Record Form B7-KTHS issued together with this Circular. B7-KTHS issued together with this Circular.

2. An application is considered valid if the task falls within the published list under Article 15 and meets the requirements set forth in Articles 6, 17, and Article 18 of this Circular.

3. Within three working days from the date of preparing the Record Form as stipulated in Clause 1 of Article 19 of this Circular, the Intellectual Property Office notifies the validity of the application to the organization registering to select and directly assign leading tasks.

Article 20. Advisory Board for Selecting and Directly Assigning Tasks by the Leading Organization

1. The Advisory Board for Selecting and Directly Assigning Tasks by the Leading Organization is established by the Minister of Science and Technology, consisting of seven or nine members, including the Chairman, one Deputy Chairman of the board, two reviewing members, one scientific secretary, and other members. Members of the board are experts in intellectual property, specialists with expertise and practical experience in the field of the task, representatives of state management agencies or other related organizations, including at least two members who have participated in the advisory board to determine the task.

2. Individuals falling under any of the cases specified in Clause 2 of Article 8 of Circular No. 08/2017/TT-BKHCN are not allowed to participate in the board.

Article 21. Criteria and Scoring Scale for Evaluating Applications for Selecting and Directly Assigning Tasks by the Leading Organization

The evaluation of applications for leading tasks is conducted by scoring on the Application Evaluation Form B8-PDG issued together with this Circular. The maximum score for one application is 100 points, specifically as follows:

1. Criterion on the urgency of the task: Maximum 15 points.

2. Criterion on the feasibility of the task: Maximum 50 points.

3. Criterion on the effectiveness and sustainability of the task: Maximum 35 points.

Article 22. Principles, Procedures, and Content of Work of the Advisory Board for Selecting and Directly Assigning Tasks by the Leading Organization

1. Principles of work of the board

a) The Advisory Board for Selecting and Directly Assigning Tasks by the Leading Organization only convenes meetings when at least five members (for a board with seven members) or seven members (for a board with nine members) are present, including the Chairman (or Deputy Chairman) of the board and two reviewing members. The Chairman of the board chairs the sessions of the board. In case of absence, the Chairman of the board authorizes the Deputy Chairman of the board to chair the session in writing according to form number B2-7-GUQ of Appendix II issued together with Circular No. 08/2017/TT-BKHCN;

b) Members of the board are responsible for evaluating applications honestly, objectively, and fairly, bear individual responsibility for their evaluation results, and bear collective responsibility for the board's final conclusion.

2. Procedures and content of work of the board

a) The board meeting is organized within fifteen working days from the date of preparing the Record Form opening the application as stipulated in Clause 1 of Article 19 of this Circular. The board works according to the procedures and contents prescribed in Article 11 of Circular No. 08/2017/TT-BKHCN;

b) The Record Form of ballot counting of the application is prepared according to form B9-BBKP and the Record Form of the board meeting is prepared according to form B10-BBHDTC issued together with this Circular.

3. Completing the task application based on the board's conclusion

a) Within three working days from the date the board approves the Record Form of the meeting, the Intellectual Property Office is responsible for notifying in writing the meeting results to the organization that submitted the application for selecting and directly assigning tasks;

b) If there are differing opinions regarding the meeting results, the organization that submitted the application for selecting and directly assigning tasks must submit its written opinion to the Intellectual Property Office within seven working days from the date the Intellectual Property Office issues the notification of the meeting results;

c) Within twenty days from the date the board approves the Record Form of the meeting, the leading organization and the principal of the selected and directly assigned task must submit to the Intellectual Property Office the following documents:

- The completed application according to the board's conclusion (if applicable);

- A statement confirmed by the Chairman of the board explaining the completed contents according to the board's conclusion.

Article 23. Conditions for the selection and direct assignment of the leading organization for the task

1. The Council shall recommend the selection and direct assignment of the leading organization for the task if it meets all of the following requirements simultaneously:

a) An average total score of at least 70 points;

b) An average feasibility score of at least 40 points;

c) An average effectiveness and sustainability score of at least 25 points.

2. In cases where multiple applications meet the requirements set forth in Clause 1 of this Article, the application with the highest average total score will be selected.

3. In cases where multiple applications meet the requirements set forth in Clause 1 of this Article and have equal average scores, the applications will be chosen in the following priority order:

a) Applications with a higher average feasibility score;

b) Applications with a higher average effectiveness and sustainability score;

c) In cases where the average scores of both criteria mentioned above are equal, the Chairman of the Council or the Vice-Chairman authorized to chair the session shall decide on the selected application.

Article 24. Independent Consultant Evaluation of Selected Application for Direct Assignment of Leading Organization for the Task

1. If necessary, within five working days from the date of receipt of the written opinion of the organization submitting the application as stipulated in Point b, Clause 3, Article 22 of this Circular, the Minister of Science and Technology shall consider and decide on obtaining opinions from at least two independent consultants.

2. Conditions for independent consultants, procedures for obtaining opinions, and responsibilities of independent consultants shall be implemented according to the provisions of Article 18, Clause 2, Article 19, and Article 20 of Circular No. 08/2017/TT-BKHCN.

3. Within three working days from the date of receipt of the opinion of the independent consultant, the National Office of Intellectual Property shall notify in writing the organization that submitted the application for selection and direct assignment and guide the completion of the application according to the independent consultant's opinion (if applicable).

4. Within twenty days from the date the National Office of Intellectual Property issues the notification as stipulated in Clause 3 of this Article, the organization recommended for direct assignment shall complete and submit the application to the National Office of Intellectual Property (if applicable).

Article 25. Review of Content and Budget Estimate for Task Implementation

1. The review of content and budget estimate shall be conducted by the Content and Budget Estimate Review Team. The Review Team shall be established by the Minister of Science and Technology, consisting of five members: the Team Leader being the Head of the National Office of Intellectual Property, the Deputy Team Leader being the Head of the State Management Unit for Planning and Finance of the Ministry of Science and Technology, one member being the Chairman or Vice-Chairman or Member of the Advisory Committee for Selection and Direct Assignment of Leading Organizations for Tasks, one member being the accountant of the National Office of Intellectual Property, and one member representing the Program Management Unit.

2. The principles of operation, tasks, and procedural steps of the Review Team shall be carried out according to the provisions of Articles 13 and 14 of Circular No. 08/2017/TT-BKHCN.

3. Within seven working days from the date of receipt of the application as stipulated in Clause 3 of Article 22 or Clause 4 of Article 24 of this Circular, the National Office of Intellectual Property shall organize a meeting to review the content and budget estimate for task implementation.

4. Within three working days from the date the Review Team approves the Minutes of the Meeting, the National Office of Intellectual Property shall notify the results of the content and budget estimate review to the leading organization and the task leader.

Article 26. Approval of Selection Results and Direct Assignment to the Leading Organization

1. Within fifteen days from the date on which the Intellectual Property Agency issues the notification document regarding the content review results and budget estimate, the leading organization and the head of the task shall be responsible for completing the dossier according to the conclusions of the Review Team and resubmit it to the Intellectual Property Agency after receiving confirmation from the Head of the Review Team.

2. Within five working days from the date of receipt of the dossier as stipulated in Clause 1 of this Article, the Intellectual Property Agency shall coordinate with the state management unit under the Ministry of Science and Technology in charge of planning and finance to submit to the Minister of Science and Technology for consideration and approval of the selection results and direct assignment to the leading organization of the Program.

3. The dossier for submission for approval of the selection results and direct assignment to the leading organization includes:

a) Report on the selection results and direct assignment to the leading organization;

b) Documents prescribed in Clause 1 of Article 17 of this Circular, including the completed task description in accordance with Clause 1 of this Article;

c) Decisions approving the list of tasks for selection and direct assignment, decisions establishing the advisory board for selection and direct assignment, and the content and budget estimate review team;

d) Minutes of opening the registration dossier for selection and direct assignment to the leading organization;

đ) Minutes of the advisory board meeting and minutes of the content and budget estimate review team meeting;

e) Draft decision approving the leading organization, the task leader, the budget, and the implementation period.

Article 27. Announcement of Selection Results and Direct Assignment to the Leading Organization

1. Within five working days from the date on which the Minister of Science and Technology approves, the Intellectual Property Agency shall announce the selection results and direct assignment to the leading organization on the Ministry of Science and Technology's and the Intellectual Property Agency's electronic information portal.

2. The announcement content includes: Task name; name and address of the leading organization, task leader name, and implementation period.

Chapter V
CONTRACT SIGNING, MONITORING AND ADJUSTMENTS DURING THE IMPLEMENTATION OF NATIONAL SCIENCE AND TECHNOLOGY TASKS UNDER THE PROGRAM

IMPLEMENTATION OF SCIENTIFIC AND TECHNOLOGICAL TASKS

NATIONAL PROGRAM UNDER THE PROGRAM

Article 28. Signing of Implementation Contracts

Based on the Decision of the Minister of Science and Technology, the Intellectual Property Agency signs the implementation contract with the leading organization and the task leader according to form B11-HĐNV issued together with this Circular.

Article 29. Monitoring and Reporting on Task Implementation

1. The leading organization and the task leader are responsible for reporting periodically (every six months and annually) starting from the date when the balance of the deposit account for implementing the task, temporarily advanced by the Intellectual Property Agency, occurs, or submitting ad hoc reports upon request of the Intellectual Property Agency on the implementation status and budget usage of the task according to forms B12-BCĐK and B13-BCKP issued together with this Circular.

2. The Intellectual Property Agency takes the lead and coordinates with the provincial Department of Science and Technology or specialized agency under the People's Committee of the province where the task is implemented to organize regular or ad hoc inspections and evaluations of the implementation status and budget usage of the task.

3. Inspection Process:

a) Inspection Content:

- Completed contents and ongoing task contents;

- Budget usage situation: including state budget support and counterpart funding (if any);

- Completed products and those currently in development phase;

- Other contents (if any).

b) Inspection Time:

- Regularly every six months from the date when the balance of the deposit account of the leading organization, temporarily advanced by the Intellectual Property Agency for task implementation, occurs;

- Ad hoc upon request of the Intellectual Property Agency or the Ministry of Science and Technology.

c) Participants in the inspection:

- Leader of the Intellectual Property Agency or a person authorized by the Intellectual Property Agency to serve as the Head of the Inspection Team;

- One professional manager of the Intellectual Property Agency;

- One accountant of the Intellectual Property Agency;

- One member of the advisory board for determining the task or the advisory board for selection and direct assignment to the leading organization (if necessary);

- Other participants as required by the Intellectual Property Agency or the Ministry of Science and Technology.

d) Inspection Procedure: Follow the provisions of Article 10 of Circular No. 04/2015/TT-BKHCN dated March 11, 2015, issued by the Minister of Science and Technology, concerning the inspection, evaluation, adjustment, and termination of contracts during the implementation of national science and technology tasks funded by the state budget (hereinafter referred to as Circular No. 04/2015/TT-BKHCN).

If necessary, the inspection team may request quality and technical parameter checks at relevant agencies. The cost for quality and technical parameter checks of products will be covered by the Intellectual Property Agency from the program's common organizational activity budget.

đ) Handling of inspection results: Follow the provisions of Clause 1 and Clause 2 of Article 11 of Circular No. 04/2015/TT-BKHCN.

Any adjustments during the task implementation process (if any) shall be carried out according to the provisions from Article 30 to Article 32 of this Circular.

Article 30. Adjustment of Time for Task Execution

1. The leading organization of the task may request the Minister of Science and Technology to consider extending or shortening the time for task execution.

2. Within fifteen days from the date of receipt of the proposal document from the leading organization of the task as stipulated in Clause 1 of this Article, the Intellectual Property Department shall be responsible for examining the reasons for requesting an extension or shortening of the task execution time and submitting a decision to the Minister of Science and Technology.

3. An extension of the time for task execution can only be implemented once for each task. The extension period shall not exceed twelve months for tasks with an execution time exceeding twenty-four months, and not more than six months for tasks with an execution time not exceeding twenty-four months. Special cases shall be decided by the Minister of Science and Technology.

4. Shortening the time for task execution can only be considered when at least two-thirds of the assigned work content has been completed.

Article 31. Other Changes and Adjustments

1. Change of Leading Organization of the Task

The task can only change its leading organization in cases where there is a decision by the competent authority regarding the merger, consolidation, division, separation, transformation, or dissolution of the leading organization. The new leading organization must meet the conditions specified in point a, Clause 1 of Article 6 of this Circular.

2. Change of Principal of the Task

The change of the principal of the task shall be carried out in the cases prescribed in Article 16 of Circular No. 04/2015/TT-BKHCN. The new principal of the task must meet the conditions specified in point b, Clause 1 of Article 6 of this Circular.

3. Adjustment of the Name, Objectives, Products of the Task, Content, State Budget Funds for Task Implementation, Non-State Budget Funds for Task Implementation, and Purchase of Raw Materials, Machinery, and Equipment: Such adjustments shall be made in accordance with the provisions of Articles 13, 14, 15, and 18 of Circular No. 04/2015/TT-BKHCN.

Article 32. Authority, Procedure, and Formalities for Changes and Adjustments

1. The leading organization of the task decides on adjustments to the contents as provided for in Clause 1 of Article 19 of Circular No. 04/2015/TT-BKHCN.

2. The Minister of Science and Technology considers and decides on adjustments to the contents not covered by Clause 1 of this Article.

3. The procedure and formalities for adjustment shall be carried out in accordance with the provisions of Article 20 of Circular No. 04/2015/TT-BKHCN.

Article 33. Termination of Contracts During Task Execution

1. Cases of Contract Termination During Task Execution: Implemented according to the provisions of Article 21 of Circular No. 04/2015/TT-BKHCN.

2. Authority, Procedure, and Formalities for Contract Termination

a) Authority for Contract Termination:

- The Minister of Science and Technology issues a decision to terminate the contract. The termination decision must clearly specify the amount of funds to be refunded to the state budget, and the plan for handling products and assets formed or purchased during the task execution (if any).

- The Intellectual Property Department carries out the contract liquidation with the leading organization and the principal of the task.

b) Procedure and Formalities for Contract Termination: Implemented according to the provisions of Article 22 of Circular No. 04/2015/TT-BKHCN.

Chapter VI
EVALUATION AND ACCEPTANCE OF TASK IMPLEMENTATION RESULTS

NATIONAL SCIENCE AND TECHNOLOGY TASKS BELONGS TO THE PROGRAM CHAPTER

Article 34. Self-assessment of Task Implementation Results

The leading organization and the head of the task shall be responsible for self-assessing the results of task implementation according to the form B14-BCTDG issued together with this Circular before submitting the evaluation and acceptance dossier to the National Office of Intellectual Property.

Article 35. Dossier for Evaluation and Acceptance of Task Implementation Results

The dossier for evaluation and acceptance of task implementation results includes:

1. A letter requesting evaluation and acceptance of task implementation results from the leading organization according to Form 2 attached to Circular No. 11/2014/TT-BKHCN dated May 30, 2014, issued by the Minister of Science and Technology, which stipulates the procedures for evaluating and accepting national-level scientific and technological task implementation results funded by the state budget (hereinafter referred to as Circular No. 11/2014/TT-BKHCN).

2. Summary report and concise report on the results of task implementation according to the form B15-BCTH issued together with this Circular.

3. Products and outcomes of the task according to the approved task implementation contract and task description.

4. Report on the use of funds according to the form B13 issued together with this Circular.

5. Self-assessment report on the results of task implementation as prescribed in Article 34 of this Circular.

6. Other relevant documents (if any).

Article 36. Submission of Dossier for Evaluation and Acceptance of Task Implementation Results

1. The dossier for evaluation and acceptance consists of one original set (with seals and signatures), presented and printed on A4 paper size using Vietnamese font from the Unicode character set according to the national standard TCVN 6909:2001, font size 14, and one electronic copy of the dossier (in PDF format, without password protection).

2. The submission and receipt of dossiers shall be carried out in accordance with the provisions of Article 18 of this Circular.

3. The deadline for submitting the dossier and verifying its validity shall be implemented in accordance with Clause 1 and Clause 3 of Article 7 of Circular No. 11/2014/TT-BKHCN.

Article 37. Advisory Board for Evaluation and Acceptance of Task Implementation Results

1. The advisory board for evaluation and acceptance of task implementation results shall be established by the Minister of Science and Technology within fifteen working days from the date the National Office of Intellectual Property receives a valid evaluation and acceptance dossier.

2. The board shall consist of seven or nine members, including a Chairperson, one Deputy Chairperson, two opposing members, one scientific secretary, and other members. Members of the board are experts in intellectual property, specialists with expertise and practical experience in the field of the task, representatives of related agencies, including at least one member who has participated in the advisory board to determine the task or the advisory board to select and directly assign the task.

3. Individuals falling under the provisions of Clause 5 of Article 9 of Circular No. 11/2014/TT-BKHCN shall not participate in the board.

Article 38. Procedures and Contents of Work of the Advisory Board for Evaluation and Acceptance of Task Implementation Results

1. The meeting of the board shall be organized within thirty days from the date of the decision establishing the board and shall only proceed if the following requirements are met:

a) The National Office of Intellectual Property has received complete written comments from at least two opposing members at least one working day before the board meeting;

b) At least five members (for a board of seven members) or at least seven members (for a board of nine members) are present, including the Chairperson (or Deputy Chairperson) and two opposing members.

2. Procedures for work of the board

a) The board shall operate according to the procedures stipulated in Clause 5 of Article 10 of Circular No. 11/2014/TT-BKHCN;

b) Members of the board shall assess the results of task implementation by scoring on the Comment and Assessment Form according to the form B16-DGNH issued together with this Circular;

c) The board shall approve the Minutes of the Meeting according to the form B17-BBNH issued together with this Circular.

3. For tasks involving field deployment activities, tasks with intermediate products, products being models or specific equipment, or products requiring testing: In cases where necessary, the National Office of Intellectual Property shall organize for the board to conduct on-site inspections, evaluations, or quality and technical parameter assessments of the products at appropriate specialized agencies.

Article 39. Principles and Funding for Evaluation and Acceptance of Task Implementation Results

1. Principles for Evaluation and Acceptance: Implemented according to the provisions of Article 3 of Circular No. 11/2014/TT-BKHCN.

2. Funding for Evaluation and Acceptance:

a) Funding for evaluation and acceptance of tasks shall be covered by the Intellectual Property Office from the common operational budget under the Program.

b) Additional costs incurred to complete products and acceptance documentation in accordance with the requirements of the council shall be borne by the leading organization and the task leader.

Article 40. Content of Evaluation and Classification of Task Implementation Results by the Council

1. Content and Criteria for Evaluation

a) Deadline for submission of evaluation and acceptance documentation;

b) Degree of completion of contents and workload;

c) Rationality and scientific nature of implementation plans;

d) Degree of completion of results and products: Quantity of results and products compared to the description, contract for task execution; suitability of each product and result relative to assigned scientific and technical standards;

đ) Effectiveness and sustainability (intellectual property rights protection and/or practical applicability of products and results) of the task;

e) Other contents and requirements stipulated in Article 12 of Circular No. 11/2014/TT-BKHCN and Circular No. 02/2020/TT-BKHCN dated August 10, 2020 issued by the Minister of Science and Technology guiding the implementation of Clause 1 of Article 41 of Decree No. 70/2018/NĐ-CP dated May 15, 2018 of the Government on management and use of assets formed through the implementation of science and technology tasks funded by state capital.

2. Method of Evaluation and Classification of Tasks by the Council

The method of evaluation and classification of tasks by the council is based on the average score of the council members participating in the meeting, specifically:

a) "Not accepted" if the average score of the council members is less than 50 points;

b) "Accepted" if the average score of the council members is 50 points or more, including:

- Accepted at the level of "Met Requirements" if the average score of the council members is from 50 to less than 70 points;

- Accepted at the level of "Good" if the average score of the council members is from 70 to less than 90 points;

- Accepted at the level of "Excellent" if the average score of the council members is from 90 to 100 points.

3. For tasks evaluated and classified as "Accepted" by the council as provided for in point b, Clause 2 of this Article, within thirty days from the date the council approves the Minutes of the Meeting, the leading organization and the task leader are responsible for completing the evaluation and acceptance documentation according to the council's conclusions and submitting it to the Intellectual Property Office after confirmation by the Chairman of the council regarding the completion of the documentation.

4. For tasks evaluated and classified as "Not accepted" by the council as provided for in point a, Clause 2 of this Article, they will be handled according to the provisions of Joint Circular No. 27/2015/TTLT-BKHCN-BTC dated December 30, 2015 of the Ministers of Science and Technology and Finance on the allocation of funds for the implementation of science and technology tasks using state budget.

5. The organization of obtaining independent expert advice on the evaluation and acceptance of task implementation results shall be carried out in accordance with the provisions of Articles 14 and 22 of Circular No. 11/2014/TT-BKHCN.

Article 41. Recognition of Results of Task Implementation

1. The Minister of Science and Technology shall issue a decision to recognize the results of implementing national-level science and technology tasks under the Program.

2. The recognition dossier for the results of task implementation includes the following documents:

a) Minutes of the evaluation and acceptance board meeting on the results of task implementation;

b) A copy of the registration certificate for the results of task implementation;

c) Report on completing the evaluation and acceptance dossier according to Form 10 issued together with Circular No. 11/2014/TT-BKHCN;

d) Opinion of the expert team or independent consultant (if any);

đ) Draft Decision recognizing the results of task implementation according to Form 11 issued together with Circular No. 11/2014/TT-BKHCN.

3. Within five working days from the date of receiving all documents as stipulated in point c, Clause 2 of this Article, the Intellectual Property Office shall submit to the Minister of Science and Technology for consideration and issuance of a decision to recognize the results of national-level science and technology tasks under the Program.

Article 42. Liquidation of Contracts and Handling of Assets After Completion of Tasks

1. The Intellectual Property Office shall carry out the liquidation of contracts for task implementation with the leading and principal organizations of the task according to Form B18-TLHĐ issued together with this Circular.

2. The leading and principal organizations of the task shall be responsible for managing and exploiting the results of task implementation in accordance with current regulations. The handling of assets formed through implementation shall be carried out in accordance with current regulations on the management and use of assets formed through the implementation of science and technology tasks funded by state capital.

Article 43. Responsibilities of Leading Organizations of National-Level Science and Technology Tasks Under the Program

1. Signing implementation contracts and liquidation minutes of implementation contracts in accordance with Articles 28 and 42 of this Circular.

2. Implementing the provisions of Clauses 1, 2, 4, 5, 6, 7, 8, and 9 of Article 15 of Circular No. 09/2014/TT-BKHCN dated May 27, 2014, guiding the management of national-level science and technology tasks issued by the Minister of Science and Technology.

3. Registering and retaining the results of task implementation in accordance with Article 10 of Circular No. 14/2014/TT-BKHCN.

Article 44. Responsibilities of Principal Organizations of National-Level Science and Technology Tasks Under the Program

1. Signing implementation contracts and liquidation minutes of implementation contracts in accordance with Articles 28 and 42 of this Circular.

2. Organizing the implementation and being responsible for the results, products, and effectiveness of the task; having plans to apply the results or commercialize products derived from the task's results.

3. Using funds for their intended purposes effectively; implementing reports, fund management, and settlement of accounts for the task in accordance with current regulations.

4. Proposing and recommending adjustments to the content, products, funding, and progress of the task to the leading organization if necessary.

5. Inspecting and urging participating individuals and organizations to fulfill their roles in task implementation according to the contract; reporting periodically and urgently on the progress and use of funds for the task.

Chapter VII
IMPLEMENTING PROVISIONS

Article 45. Provisions for Implementation

1. This Circular takes effect from July 26, 2021. Circular No. 17/2017/TT-BKHCN dated December 29, 2017, of the Minister of Science and Technology on managing the intellectual property development program for the period 2016-2020 ceases to be effective from the date this Circular takes effect.

For projects under the intellectual property development program for the period 2016-2020 that have been signed contracts for implementation, the organization, inspection, evaluation, acceptance, and liquidation of contracts shall continue to be implemented in accordance with Circular No. 17/2017/TT-BKHCN dated December 29, 2017, of the Minister of Science and Technology until the completion of the project.

2. Ministries, central agencies, provincial People's Committees shall base on the provisions of this Circular to apply or issue guidance documents for implementing ministry and provincial-level science and technology tasks under the Program in accordance with this Circular and current regulations on task management.

3. In case the referenced documents in this Circular are amended, supplemented, or replaced, they shall be implemented according to the new documents.

4. During the process of organizing implementation, if there are emerging issues or difficulties, the relevant agencies, organizations, and individuals are requested to promptly report in writing to the Ministry of Science and Technology for consideration and resolution./.