Circular No. 07/2024/TT-BVHTTDL stipulates economic and technical standards for copyright and related rights appraisal services, information, and communication to serve state management work.

 

CIRCULAR

REGULATIONS ON ECONOMIC AND TECHNICAL STANDARDS FOR SERVICES OF APPRAISAL, INFORMATION, AND COMMUNICATION RELATING TO COPYRIGHT AND RELATED RIGHTS

FOR THE PURPOSE OF STATE ADMINISTRATION

Pursuant to the Intellectual Property Law dated November 29, 2005; the Law Amending and Supplementing Certain Provisions of the Intellectual Property Law dated June 19, 2009; the Law Amending and Supplementing Certain Provisions of the Insurance Business Law and the Intellectual Property Law dated June 14, 2019; and the Law Amending and Supplementing Certain Provisions of the Intellectual Property Law dated June 16, 2022;

Pursuant to Decree No. 17/2023/NĐ-CP dated April 26, 2023 of the Government detailing certain provisions and implementing measures of the Intellectual Property Law regarding copyright and related rights;

Pursuant to Decree No. 32/2019/NĐ-CP dated April 10, 2019 of the Government on assigning tasks, placing orders, or tendering for the provision of products and services using state budget funds from regular operating expenses;

Pursuant to Decree No. 32/2019/NĐ-CP dated April 10, 2019 of the Government stipulating the assignment of tasks, ordering goods or services, or tendering for the provision of public products and services using state budget funds from regular expenditure;

Pursuant to Decree No. 01/2023/NĐ-CP dated January 16, 2023 of the Government providing for the functions, tasks, powers, and organizational structure of the Ministry of Culture, Sports and Tourism;

At the proposal of the Director of the Copyright Office;

The Minister of Culture, Sports and Tourism issues this Circular stipulating economic and technical standards for services of appraisal, information, and communication relating to copyright and related rights for the purpose of state administration.

Article 1. Scope of Regulation and Applicability

Article 1. This Circular stipulates economic and technical standards for services of appraisal, information, and communication relating to copyright and related rights for the purpose of state administration.

Thông tư này áp dụng đối với tổ chức, cá nhân có liên quan đến hoạt động kinh doanh đối tượng thủy sản nuôi chủ lực trên lãnh thổ Việt Nam.

a) Agencies, organizations, and individuals using state budget funds to implement services of appraisal, information, and communication relating to copyright and related rights;

b) Other agencies, organizations, and individuals related to the implementation of services of appraisal, information, and communication relating to copyright and related rights using state budget funds.

Article 2. General Provisions on Economic and Technical Standards for Services of Appraisal, Information, and Communication Relating to Copyright and Related Rights for the Purpose of State Administration

1. Services of appraisal, information, and communication relating to copyright and related rights shall be implemented for types and objects as prescribed in the Intellectual Property Law 2005; the Law Amending and Supplementing Certain Provisions of the Intellectual Property Law 2009; the Law Amending and Supplementing Certain Provisions of the Insurance Business Law and the Intellectual Property Law 2019; and the Law Amending and Supplementing Certain Provisions of the Intellectual Property Law 2022.

2. The content of economic and technical standards includes:

a) Labor costs: This refers to the direct and indirect labor time necessary for average workers of various ranks to complete the service. The level of direct labor cost is calculated based on the time spent on each process according to the guidance on implementing public service activities, measured in workdays (8 hours), as stipulated in Article 105 of the Labor Code 2019. The level of indirect labor cost is calculated at 15% of the direct labor cost;

b) Material consumption costs: This refers to the specific quantity of materials required for the direct provision of public service activities. The level of material consumption cost in the standard is calculated based on the specific quantity of each type of material. The level of auxiliary material consumption cost is calculated at 10% of the total material consumption cost;

c) Machine and equipment usage costs: This refers to the time of usage of each type of machine and equipment for the provision of public service activities. The level of machine and equipment usage cost in the standard is calculated based on the usage period, with each period corresponding to one working day (8 hours) as stipulated in Article 105 of the Labor Code 2019;

d) In addition to the aforementioned costs, for other costs not specified in the standard but which are components of the operational costs in the appraisal, information, and communication activities, relevant agencies and organizations shall, based on actual conditions and current regulations, be responsible for preparing budgets, making payments, settling accounts, and organizing activities to provide services of appraisal, information, and communication relating to copyright and related rights as prescribed.

3. The structure of economic and technical standards includes the following contents:

a) Name of the norm;

b) Description of job content;

c) Standard table, including:

- Labor standard: Position and rank of workers, unit of labor cost, labor cost;

The positions of workers in the labor cost component of the standard table shall be applied according to Decree No. 204/2004/NĐ-CP dated December 14, 2004 of the Government on salary systems for officials, civil servants, employees, and armed forces personnel, Decree No. 117/2016/NĐ-CP dated July 21, 2016 of the Government amending and supplementing certain provisions of Decree No. 204/2004/NĐ-CP dated December 14, 2004 of the Government on salary systems for officials, civil servants, employees, and armed forces personnel, Decree No. 24/2023/NĐ-CP dated May 14, 2023 of the Government on the basic salary for officials, civil servants, employees, and armed forces personnel, and Decree No. 111/2022/NĐ-CP dated December 30, 2022 of the Government on contracts for certain types of work in administrative agencies and public institutions or equivalent conversion according to approved job positions;

If the rank of the worker currently working in agencies and organizations does not comply with the provisions in the standard table, the agency establishing the unit shall consider and decide to apply the rank prescribed in the standard, equivalent rank, or specify the rank of the worker currently working and the labor cost based on actual circumstances. In these cases, it must ensure that labor costs do not exceed the labor costs calculated from the standard issued by the Ministry of Culture, Sports and Tourism.

- Material usage standard: Name and specifications of materials, unit of material cost, material cost;

- Machine and equipment usage standard: Type of machine or equipment, unit of usage cost, usage cost;

- Standard value: The value expressed in numbers of labor costs, material costs, machine and equipment usage costs;

d) Other contents (if any).

4. The economic and technical standards stipulated in this Circular serve as the basis for:

a) The unit responsible for developing the content and amount of expenditure for implementing the provision of public services, which must be approved by the competent authority and allocated annually;

b) The managing agency and state management agencies on copyright and related rights shall assess the capacity to provide public services, serving as the basis for investment funding by the unit;

c) Determine the unit price and service fee for public services procured using state budget funds in accordance with Decree No. 32/2019/NĐ-CP dated April 10, 2019 of the Government on assigning tasks, ordering or tendering for the supply of products and services using state budget funds from regular expenditure;

5. The economic-technical norms prescribed in this Circular serve as the basis for establishing pricing plans and budgets for providing public services funded by the state budget according to current regulations as follows:

a) Agencies and organizations that use state budget funds to provide public services shall apply the economic-technical norms stipulated herein to determine direct costs (labor costs, material costs, and machine and equipment usage costs) in the unit price and service fees for state orders; budget estimates;

b) For other costs incurred in activities supporting the provision of public services such as purchasing materials, copyright fees, format conversion costs, transaction telephone costs, travel expenses, conference, seminar, training, and document translation costs, infrastructure and information technology facility usage costs, software management costs, mobile costs, management costs, office supplies costs (excluding A4 paper, ink cartridges, ballpoint pens, file folders), and other incidental costs, agencies and organizations shall apply relevant norms issued by competent state authorities, prepare budget estimates and pricing plans for review and approval by the competent authority in accordance with regulations;

c) Actual costs and other rental services shall be implemented in accordance with laws on state budget management. For outsourced service payment items within the mandatory tender threshold, they shall be carried out in accordance with laws on tendering;

Article 3. Regulations on Economic-Technical Norms for Copyright and Related Rights Appraisal Services

1. Name of the norm, description of work content, economic-technical norm table, and cost calculation based on economic-technical norms for specific cases as specified in Appendix 1 attached to this Circular;

2. Levels of appraisal include:

a) Level 1:

- Appraisal sample: the requesting party provides complete files and samples required for appraisal;

- Type and subject of appraisal: as defined in Clause 1 of Article 3 of this Circular, involving one author and one owner of copyright and related rights, without foreign elements;

- Timeframe for conducting the appraisal: up to three working days;

- Number of appraisers: one person;

- Advisory Council members (if any): three people (holding bachelor's degree or higher);

b) Level 2:

- Appraisal sample: the requesting party provides complete files and samples required for appraisal;

- Type and subject of appraisal: as defined in Clause 1 of Article 3 of this Circular, involving two or more authors or owners of copyright and related rights, without foreign elements;

- Timeframe for conducting the appraisal: up to five working days;

- Number of appraisers: one or more persons;

- Advisory Council members: three to five people (holding bachelor's degree or higher), experts with at least three years of experience in the relevant field;

c) Level 3:

- Appraisal sample: the requesting party provides complete files and samples required for appraisal;

- Type and subject of appraisal: as defined in Clause 1 of Article 3 of this Circular, involving two or more authors or owners of copyright and related rights, with foreign elements and other related cases;

- Timeframe for conducting the appraisal: up to ten working days;

- Number of appraisers: one or more persons;

- Advisory Council members: five or more people (holding bachelor's degree or higher), experts with at least three years of experience in the relevant field.

Article 4. Provisions on economic and technical norms for copyright and related rights information services serving state management work

1. The name of the norm, description of the work content, economic and technical norm table, notes, and cost calculation method based on economic and technical norms for some specific cases as stipulated in Appendix 2 attached to this Circular.

2. Forms of providing information and data on copyright and related rights:

a) Directly at the agency or organization providing the service;

b) Through postal service;

c) Online on an electronic environment.

3. Levels of providing information and data on copyright and related rights include:

a) Level 1:

- Information about the author, owner, and work: fully available in the data storage system;

- Type and subject of information: within the scope specified in Clause 1, Article 3 of this Circular; with one author or one owner of copyright and related rights and not involving foreign individuals or organizations;

- Timeframe for implementation: up to five working days.

b) Level 2:

- Information about the author, owner, and work: Requires full information from the data storage system and coordination with other relevant units for data linkage;

- Type and subject of information: within the scope specified in Clause 1, Article 3 of this Circular; with two or more authors or owners of copyright and related rights; one author with multiple owners or one owner with multiple authors;

- Timeframe for implementation: up to ten working days.

c) Level 3:

- Information about the author, owner, and work: Requires full information from the data storage system and coordination with other relevant units for data linkage;

- Type and subject of information: within the scope specified in Clause 1, Article 3 of this Circular; with two or more authors or owners of copyright and related rights or involving foreign elements; other related cases;

- Timeframe for implementation: up to fifteen working days.

Article 5. Provisions on economic and technical norms for copyright and related rights communication services serving state management work

1. The name of the norm, description of the work content, economic and technical norm table, notes, and cost calculation method based on economic and technical norms for copyright and related rights communication services serving state management work for activities not applying the economic and technical norms prescribed in Clause 3 of this Article as stipulated in Appendix 3 attached to this Circular.

2. Copyright and related rights communication services serving state management work include:

a) Communication services through mass media, including:

- Developing programs, columns, implementing communication on newspapers, magazines, radio stations, television stations, periodicals, bulletins, mobile information, special exhibitions, information boards, and information boxes;

- Implementing press releases, including: Compiling materials for press release activities; organizing press conferences, issuing, and publishing press releases on mass media;

- Communication through banners, slogans, billboards, posters, and other forms of communication;

- Communication through community loudspeakers, including: compiling news and articles for broadcasting; hiring announcers; supporting equipment provision or rental for broadcasting news and articles on copyright and related rights;

b) Services for compiling and translating materials serving communication work, including:

- Compiling communication materials on policies and laws on copyright and related rights;

- Compiling various types of books, legal research materials, reference materials, and operational guidance materials;

- Compiling legal stories, audio recordings, video recordings, legal sketches, and other materials on copyright and related rights suitable for specific audiences;

- Translating legal materials on copyright and related rights into ethnic minority languages;

- Translating legal materials from foreign languages into Vietnamese and vice versa.

c) Direct, mobile, or specialized communication services, including:

- Purchasing and photocopying materials related to direct, mobile, and specialized communication;

- Providing communication services through pocket books, handbooks, and other publications and materials;

- Arranging staff to participate in direct, mobile communication, and specialized activities;

- Hiring interpreters or guides (if necessary);

d) Organizing conferences and seminars on copyright and related rights serving state management work;

đ) Organizing quizzes to understand copyright and related rights, state management operations, including: written tests, stage performances, radio and television broadcasts, and online quizzes;

e) Organizing training courses, capacity building, and workshops to enhance skills and operations for staff involved in communication work, legal report speakers, legal propagandists, and invited participants in communication on copyright and related rights. For training courses and capacity-building sessions that issue certificates, organizing the compilation of test questions, answers, grading, and printing of certificates;

g) Organizing meetings of collaborators; meetings to implement communication work and programs; seminars and roundtable discussions on exchanging experiences related to communication activities and operations on copyright and related rights;

h) Inviting speakers, propagandists, experts, and other participants to communicate on copyright and related rights;

i) Reviewing, statistics, and systematizing documents and materials serving communication work on copyright and related rights;

k) Purchasing, renting equipment, assets, and other items serving communication work on copyright and related rights;

l) Other related service activities directly connected to communication work on copyright and related rights (if any).

3. Applying economic and technical norms to some activities of copyright and related rights communication services serving state management work:

a) Economic and technical norms for communication activities in print and online newspapers apply according to Circular No. 18/2021/TT-BTTTT dated November 30, 2021, issued by the Ministry of Information and Communications on economic and technical norms for print and online newspaper activities.

b) The economic and technical norms for communication activities on television shall be applied in accordance with the provisions of Circular No. 03/2018/TT-BTTTT dated April 20, 2018, issued by the Ministry of Information and Communications on economic and technical norms for television program production;

c) The economic and technical norms for communication activities on radio stations shall be applied in accordance with the provisions of Circular No. 09/2018/TT-BTTTT dated April 24, 2018, issued by the Ministry of Information and Communications on economic and technical norms for radio program production;

d) The economic and technical norms for communication activities through publishing shall be applied in accordance with the provisions of Circular No. 42/2020/TT-BTTTT dated December 31, 2020, issued by the Ministry of Information and Communications on economic and technical norms for publishing activities;

Article 6. Implementation Organization

1. Based on the economic and technical norms prescribed in this Circular, ministries, sectors, central agencies, People's Committees of provinces and centrally governed cities shall consider and decide to apply specific norms suitable to the conditions of units providing public service enterprises within their respective management scope;

2. In cases where the referenced documents in this Circular are amended, supplemented, or replaced, they shall be implemented according to the newly issued documents;

3. Agencies and organizations using state budget funds to implement the provision of public service enterprises for research shall base on actual conditions and propose to competent authorities for consideration and decision on applying specific norms;

Article 7. Effective Date

1. This Circular takes effect from December 12, 2024.

2. During the implementation process, if any issues arise or difficulties occur, agencies, organizations, and individuals shall report to the Ministry of Culture, Sports and Tourism (through the Copyright Agency) for consideration and resolution./.