Circular No. 04/2009/TT-BKHCN amending and supplementing Circular No. 01/2008/TT-BKHCN dated February 25, 2008 guiding the issuance and revocation of Industrial Property Appraiser Cards and Certificates of Organizations Meeting Conditions for Industrial Property Appraisal Activities.

CIRCULAR

AMENDMENTS AND SUPPLEMENTS TO CIRCULAR NO. 01/2008/TT-BKHCN OF FEBRUARY 25, 2008 GUIDING THE ISSUANCE AND REVOCATION OF INDUSTRIAL PROPERTY VALUATION CERTIFICATES AND LICENSES FOR ORGANIZATIONS MEETING THE REQUIREMENTS FOR INDUSTRIAL PROPERTY VALUATION ACTIVITIES

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Pursuant to Decree No. 28/2008/NĐ-CP dated March 14, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Science and Technology;

Pursuant to Decree No. 105/2006/NĐ-CP dated September 22, 2006 of the Government detailing and guiding the implementation of certain provisions of the Intellectual Property Law on the protection of intellectual property rights and state management of intellectual property;

The Minister of Science and Technology amends and supplements Circular No. 01/2008/TT-BKHCN dated February 25, 2008 guiding the issuance and revocation of Industrial Property Valuation Certificates and Licenses for Organizations Meeting the Requirements for Industrial Property Valuation Activities as follows:

1. Amend Point a Clause 2 Section II of Circular No. 01/2008/TT-BKHCN as follows:

“2. The Professional Examination Board for Industrial Property Valuation

a) The Minister of Science and Technology issues a decision to establish the Professional Examination Board for Industrial Property Valuation (hereinafter referred to as the "Examination Board") based on the proposal of the Director of the National Office of Intellectual Property. The Chairman of the Examination Board is the Director of the National Office of Intellectual Property or a Deputy Director authorized by the Director; members of the Examination Board include those with experience and reputation in the field of industrial property.”

2. Amend Point a Clause 6 Section II of Circular No. 01/2008/TT-BKHCN as follows:

“6. Evaluation of examination results

a) The Examination Board considers exemption from examination according to the criteria specified in Points b and c Clause 1 Section II of this Circular; grades examination papers according to the answers and grading scale of the examination questions. The results of the exemption from examination and the examination paper grades are approved by the Chairman of the Examination Board.

The results of the exemption from examination shall be notified to the applicant not later than 30 days before the examination date. Those who do not meet the exemption criteria for any subject must take that subject during the registered examination period, provided they pay the required fee.”

3. Replace the application form for registration to take the professional examination for industrial property valuation at Appendix I of Circular No. 01/2008/TT-BKHCN with the application form at Appendix I issued together with this Circular.

4. This Circular shall take effect 45 days from the date of issuance.

During the implementation process, if there are any difficulties, organizations and individuals are requested to report to the Ministry of Science and Technology for research and adjustment to ensure compliance./.

ANNEX I

APPLICATION FORM FOR REGISTRATION TO TAKE THE PROFESSIONAL EXAMINATION FOR INDUSTRIAL PROPERTY VALUATION
(Issued together with Circular No. 04/2009/TT-BKHCN dated March 27, 2009 of the Minister of Science and Technology)

Note: In this application form, the applicant marks "x" in the square 0 if the information listed after the square is applicable.