Circular No. 22/2016/TT-BKHCN stipulates the model documents to be used in inspection activities, administrative penalty enforcement, and complaint resolution in the field of science and technology.

CIRCULAR

Regulations on model documents for use in inspection activities,

administrative penalty enforcement, and complaint resolution

in the field of science and technology

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Based on the Inspection Law dated November 15, 2010;

Pursuant to the Law on Petition dated November 11, 2011;

Pursuant to the Law on Handling Administrative Offenses dated June 20, 2012;

On the basis of The Intellectual Property Law dated November 29, 2005, and the Law Amending and Supplementing Certain Provisions of the Intellectual Property Law dated June 19, 2009;

Pursuant to the Law on Standards and Technical Regulations dated June 29, 2006;

Pursuant to the Technology Transfer Law dated November 29, 2006;

Pursuant to the Law on Product Quality and Commodities dated November 21, 2007;

Pursuant to the Atomic Energy Law dated June 3, 2008;

Pursuant to the Measurement Law dated November 11, 2011;

Pursuant to the Law on Science and Technology dated June 18, 2013;

Pursuant to Decree No. 213/2013/NĐ-CP dated December 20, 2013 of the Government on the organization and operation of specialized inspections in the field of science and technology;

Pursuant to Decree No. 20/2013/NĐ-CP dated February 26, 2013 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Science and Technology;

Considering the proposal of the Inspector General of the Ministry of Science and Technology and the Director of the Legal Department,

The Minister of Science and Technology issues this Circular regulating model documents for use in inspection activities, administrative penalty enforcement, and complaint resolution in the field of science and technology.

Article 1. Scope of Regulation

Article 1. This Circular stipulates model documents for use in inspection activities, administrative penalty enforcement, and complaint resolution in the field of state management of science and technology, including:

a) Model decisions, minutes, reports, conclusions, and other related documents used in specialized inspection activities and administrative penalty enforcement regarding scientific and technological activities; technology transfer; industrial property; standards, measurement, and quality; radiation and nuclear safety; and services supporting the application of atomic energy;

b) Model decisions, minutes, and notifications used in resolving complaints about establishing industrial property rights.

Article 2. Model documents for use in administrative inspection activities, complaint resolution, and complaint handling not specified in Clause 1 of Article 1 shall be implemented according to the provisions of: Circular No. 06/2013/TT-TTCP dated September 30, 2013 of the Government Inspector General on the procedures for handling complaints; Circular No. 07/2013/TT-TTCP dated October 31, 2013 of the Government Inspector General on the procedures for handling administrative complaints; Circular No. 02/2016/TT-TTCP dated October 20, 2016 of the Government Inspector General amending and supplementing certain provisions of Circular No. 07/2013/TT-TTCP dated October 31, 2013 on the procedures for handling administrative complaints; Circular No. 05/2014/TT-TTCP dated October 16, 2014 of the Government Inspector General on the organization, operation, working relationships of Inspection Teams, and the procedures and formalities for conducting an inspection.

Article 2. Applicability

Article 1. Heads of state management agencies, heads of agencies performing specialized inspection functions, Inspection Teams, Inspectors, members of Inspection Teams, civil servants assigned to perform specialized inspection tasks in the field of science and technology.

Article 2. Agencies with authority to impose administrative penalties, persons with authority to impose administrative penalties in the field of state management of science and technology.

Article 3. Persons with authority to resolve complaints, persons assigned the task of verifying and resolving complaints about establishing industrial property rights.

4. Other organizations and individuals related to the matter.

Article 3. Model Documents

Article 1. Model documents for use in inspection activities, administrative penalty enforcement, and complaint resolution issued together with this Circular include:

a) Eighteen (18) model documents for use in specialized inspection activities;

b) Twenty (20) model documents for use in administrative penalty enforcement;

c) Eight (08) model documents for use in resolving complaints about establishing industrial property rights.

Article 2. The model documents mentioned in Clause 1 of Article 3 of this Circular are detailed in the Appendix List of Model Documents for Use in Inspection Activities, Administrative Penalty Enforcement, and Complaint Resolution in the Field of Science and Technology issued together with this Circular.

Article 4. Organization of Implementation

1. This Circular takes effect from March 30, 2017.

Article 2. Repeal Circular No. 05/2011/TT-BKHCN dated May 9, 2011 of the Minister of Science and Technology promulgating model documents for use in inspection activities, administrative violation handling, and complaint and accusation resolution in the field of science and technology.

Article 3. During the implementation process, organizations and individuals specified in Clauses 1, 2, and 3 of Article 2 of this Circular are responsible for supplementing actual information to ensure objectivity and accuracy in handling cases and not contravene the law. In case the referenced documents stipulated in Clause 2 of Article 1 of this Circular are amended, supplemented, or replaced, they shall be implemented according to the newly issued documents.

Article 5. Responsibilities for Implementation

Article 1. Ministries, ministerial-level agencies, agencies under the Government, People's Committees of provinces and centrally-administered cities, and relevant organizations and individuals are responsible for implementing this Circular.

Article 2. If there are difficulties or obstacles during the implementation process, please reflect them in writing to the Ministry of Science and Technology for guidance or research on amendments and supplements to make it appropriate./.