Decision No. 2204/QD-TTg on approving the Intellectual Property Development Support Program for the period 2011-2015

Pursuant to …;

Regarding the approval of the program to support the development of intellectual property for the period 2011-2015

Decision on approving the program to support the development of intellectual property for the period 2011-2015 with the following main contents:

PRIME MINISTER

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Upon the proposal of the Minister of Science and Technology,

DECISION:

Article 1. Approves the Program to Support the Development of Intellectual Property for the Period 2011-2015 with the following main contents:

1. Objectives of the Program:

Determining the Administrative Reform Index to monitor and evaluate in a substantive, objective, and fair manner the annual implementation results of administrative reform of ministries, agencies equivalent to ministries (referred to as ministries), and people's committees of provinces and central-supervised cities (referred to as provinces) during the implementation of the Comprehensive Program on Administrative Reform of State Agencies for the 2011-2020 period.

- Continuously enhance the awareness of organizations and individuals regarding the creation, establishment, management, protection, and development of intellectual property;

- Contribute to enhancing the competitiveness of products and services of Vietnam, prioritizing support for strategic and distinctive products with export potential;

b) Specific Objectives:

- Meet 70% of the requirements of enterprises and science and technology service organizations regarding the enhancement of awareness of intellectual property rights;

- Meet 70% of the requirements of universities, scientific research organizations, and scientific research and technological development organizations regarding guidance and support for the establishment, management, protection, and development of intellectual property for research results;

- Meet 70% of the requirements of localities regarding support for the development of intellectual property for local specialties;

- Meet 50% of the requirements for supporting the registration of intellectual property protection for enterprises with strategic, distinctive products with export potential in major and potential markets.

2. Contents of the Program:

a) Propaganda and training on intellectual property rights; support for managing intellectual property activities:

- Propaganda and dissemination of knowledge on intellectual property through mass media and other forms;

- Organize seminars, specialized and vocational training courses on intellectual property for different target groups, particularly enterprises, scientists, and intellectual property activity managers;

- Compile and distribute guidance materials on intellectual property;

- Support agencies and units in organizing and managing intellectual property activities: guiding the formulation and implementation of intellectual property activity strategies, and supporting the organization of intellectual property activities.

b) Establish and operate organizations to support the development of intellectual property.

c) Support the establishment, exploitation, management, protection, and development of intellectual property for enterprises and other individuals in Vietnam both domestically and internationally:

- Provide information on intellectual property to serve the activities of establishing, exploiting, managing, protecting, and developing the value of intellectual property;

- Support design, registration for protection, exploitation, management, protection, and development of the value of trademarks and industrial designs: collecting and searching for information, designing, registering for protection, managing, exploiting, protecting, and developing the value of trademarks and industrial designs;

- Support the construction, exploitation, management, protection, and development of intellectual property for geographical indications, certification marks, and collective marks for products and services of localities;

- Support the establishment, exploitation, application, and protection of intellectual property for scientific and technological achievements: encourage creative activities; apply intellectual property information in research and scientific and technological creativity activities; establish, exploit, manage, protect, and develop intellectual property for scientific and technological product creations;

- Support registration for protection, management, exploitation, protection, and development of the value of new plant varieties;

- Support registration for protection, management, exploitation, protection, and development of the value of computer software and literary, artistic, and scientific works.

d) Support the construction and application of management procedures and research outcomes to enhance the value of intellectual property:

- Support the construction and application of measures and procedures for managing protected intellectual property products;

- Support the application of new scientific and technological research outcomes to manage, enhance the value, and competitiveness of protected intellectual property products;

đ) Support the exploitation of scientific and technological information and intellectual property information to serve research, implementation, production, and business:

- Build and update databases and information products on science and technology and intellectual property to serve research, implementation, production, and business activities;

- Organize and guide the search and exploitation of scientific and technological and intellectual property information sources;

- Organize information provision services on science and technology and intellectual property according to the requirements of organizations and individuals;

- Support the exploitation and application of scientific and technological information, especially patent information, to serve research and implementation to create new technologies and products.

e) Support the application of foreign patents not protected in Vietnam to serve research, implementation, production, and business activities.

g) Support the implementation of programs and activities to protect intellectual property rights, prevent infringement and unauthorized use of intellectual property objects:

- Support programs and activities for specialized and vocational training for enforcement officers in the intellectual property enforcement system;

- Support programs and activities for coordination, information exchange, and capacity building for the intellectual property enforcement system;

h) Support the organization and implementation of international cooperation activities in establishing, exploiting, managing, protecting, and developing intellectual property: Support programs and activities for cooperation with foreign organizations and individuals on training, information exchange, registration for establishment, and enforcement of intellectual property rights to enhance capacity and develop the intellectual property system of Vietnam.

Article 2. Implementation of the Program

1. The implementation period of the Program from 2011 to 2015.

2. Plan for organizing the implementation of the Program:

a) From 2011 to 2013, implement all contents of the Program comprehensively;

b) In 2013, conduct a mid-term review of the two-year implementation of the Program;

c) From 2012 to 2015, implement all contents of the Program in depth and on a wide scale based on evaluation, drawing lessons learned, and expanding successful results achieved;

d) In 2015, conduct a final assessment of the Program's implementation results for the 2011-2015 period.

3. Agencies responsible for implementing the Program:

a) The leading agency is the Ministry of Science and Technology;

b) The coordinating agencies are the Ministry of Finance, the Ministry of Culture, Sports and Tourism, the Ministry of Industry and Trade, the Ministry of Agriculture and Rural Development, the Ministry of Health, the Ministry of Justice, the Ministry of Education and Training, and the People's Committees of provinces and centrally-run cities;

c) The Ministry of Finance leads and coordinates with the Ministry of Science and Technology to guide the financial management mechanism of the Program.

4. Organizational structure for implementing the Program:

a) The Steering Committee of the Program is established by the Minister of Science and Technology, consisting of representatives from the leading and coordinating ministries. The Steering Committee is responsible for directing the implementation of the Program; the Secretariat assists the Steering Committee, which is decided by the Minister of Science and Technology;

b) The permanent office of the Program is the Intellectual Property Office under the Ministry of Science and Technology, responsible for organizing and managing common activities and central-managed projects;

c) The project management agency at the local level is the Department of Science and Technology, responsible for assisting the provincial People's Committees in organizing and managing common activities locally and managing projects delegated by the central government.

Article 3. Management of the Program

1. Methods of managing the Program:

a) The Ministry of Science and Technology uniformly manages the Program through organizing and implementing common activities and projects that fulfill the Program's content;

b) Project management is based on contracts between the project management agency and the entity primarily responsible for implementing the project.

2. Contents of Program management:

a) Managing the development of plans, organizing common activities, and regularly providing services for Program management and implementation including: information dissemination about the Program; meetings, seminars, mid-term reviews, and final assessments of the Program; research, field trips, surveys, investigations, learning experiences domestically and internationally; hiring consultants and support; surveys, investigations, building, and implementing activities aimed at guiding and organizing Program implementation; organizing publicity and guidance on intellectual property rights, implementing measures to promote registration of intellectual property protection both domestically and internationally;

b) Managing projects within the Program includes: activities related to proposing, building, and approving lists of projects implementing Program content; selecting entities primarily responsible for implementing projects; assigning primary responsibility, inspecting, and supervising project implementation; accepting project outcomes, analyzing, evaluating, organizing application, exploitation, dissemination, and expansion of project outcomes; managing funds.

3. Projects within the Program:

a) Central-managed projects include:

- Projects built and implemented in the form of model demonstrations to address issues of significant importance to economic and social development, nationwide or cross-regional, requiring coordination among multiple ministries, sectors, and localities;

- Projects proposed by localities for central management due to difficulties in human and material resources, unable to ensure conditions for project management.

b) Projects managed by localities authorized by the central government include: projects built and implemented based on the results of concluded, evaluated, and accepted model demonstrations or solving production development issues within the locality, suitable for the organizational management capacity of the local project management agency.

4. Selection of entities primarily responsible for implementing, managing, evaluating, and accepting project outcomes:

The Minister of Science and Technology shall provide detailed regulations on the selection of entities primarily responsible for implementing, managing, evaluating, and accepting project outcomes of the Program.

Article 4. Responsibilities of agencies and organizations implementing the Program

1. Responsibilities of the Ministry of Science and Technology:

a) Take the lead in directing and organizing the implementation of the Program;

b) Take the lead and coordinate with relevant agencies to organize the implementation of the Program, determine and approve the List of projects under the Program, select projects and the main implementing units for centrally managed projects;

c) Aggregate and propose to competent authorities for approval of the annual budget from the state budget for the implementation of the Program: the general activity budget; the budget support from the central budget for implementing projects under the Program;

d) Allocate the general activity budget and project support budgets for centrally managed projects;

e) Inspect and supervise the operation of the Program; coordinate with authorized agencies managing projects in inspecting and supervising the implementation of projects under the Program;

f) Adjust the content, budget estimates, and terminate the implementation of centrally managed projects;

g) Organize the evaluation, acceptance, and approval of the results of centrally managed projects;

h) Organize mid-term reviews, evaluate the results of activities, and conclude the Program;

2. Responsibilities of the Ministry of Finance:

a) Take the lead and coordinate with the Ministry of Science and Technology to guide the use and financial management of the Program;

b) Review and propose to competent authorities for approval of the annual budget from the state budget for the implementation of the Program;

c) Guide organizations and individuals to comply with current financial regulations;

3. Responsibilities and powers of People's Committees of provinces and centrally governed cities:

a) Take the lead in organizing the implementation of the Program at the local level;

b) Propose projects for inclusion in the list of projects implementing the Program's content;

c) Select the main implementing units for projects delegated by the central government to local management;

d) Approve the content and budget for common activities of the Program at the local level and centrally managed projects delegated to local management, and recommend the amount of budget support requested from the central budget;

e) Adjust the content, budget estimates, and terminate the implementation of projects delegated by the central government to local management;

f) Manage, evaluate, and accept the results of projects delegated by the central government to local management;

g) Organize mid-term reviews, evaluate the results of activities, and conclude the Program at the local level;

4. Responsibilities and powers of the Ministry of Industry and Trade, the Ministry of Agriculture and Rural Development, the Ministry of Education and Training, the Ministry of Health, the Ministry of Justice, and the Ministry of Culture, Sports and Tourism:

a) Coordinate with the Ministry of Science and Technology to implement the Program;

b) Propose projects for inclusion in the list of projects implementing the Program's content; participate in selecting the main implementing units for centrally managed projects;

c) Coordinate with the Ministry of Science and Technology to inspect, supervise, and urge the implementation of projects;

d) Participate in evaluating and accepting the results of centrally managed projects;

5. Specific responsibilities and powers of the Steering Committee, Secretariat, Permanent Office of the Program, and Local Project Management Agencies shall be stipulated by the Minister of Science and Technology and the Chairman of the People's Committee of provinces and centrally governed cities.

Article 5. Financial Provisions of the Program

1. Budget for Implementing the Program:

a) The budget for implementing the Program includes the budget for implementing projects and the budget for organizing and conducting common activities of the Program;

b) Sources of the budget for implementing the Program include funds from the State budget and other lawful sources;

c) The Ministry of Finance shall coordinate with the Ministry of Science and Technology to determine the level of support from the central budget according to the laws on the State budget to implement the Program;

d) The People's Committee of provinces and centrally governed cities shall approve the portion of the budget for implementing the Program from the local budget.

2. Sources of Implementation Funding:

a) The central State budget ensures funding for common activities of the Program, projects managed by the central government, and supports the implementation of projects delegated by the central government to local management;

b) The local State budget ensures funding for common activities of the Program at the local level and ensures part of the funding for projects delegated by the central government to local management.

3. The Ministry of Finance shall be responsible for leading and coordinating with the Ministry of Science and Technology to guide expenditure levels, expenditure contents, procedures for preparing budgets, approving, allocating, disbursing, accounting, and finalizing accounts for the Program's budget.

Article 6. This Decision takes effect from the date of issuance.

Article 7. Ministers, Heads of ministerial-level agencies, Heads of governmental agencies, Chairpersons of provincial and centrally governed city People's Committees, and related organizations are responsible for enforcing this Decision.