What are regulations on funding from state budget for implementation of the intellectual property asset development program by 2030 in Vietnam?

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Question date: 03/12/2022

What are regulations on funding from state budget for implementation of the intellectual property asset development program by 2030 in Vietnam? What are regulations on other funding sources for implementation of the intellectual property asset development program by 2030 in Vietnam? What are rules for use of funding from state budget and other funding sources for implementation of the intellectual property asset development program by 2030 in Vietnam?

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    • What are regulations on funding from state budget for implementation of the intellectual property asset development program by 2030 in Vietnam?
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    • What are regulations on funding from state budget for implementation of the intellectual property asset development program by 2030 in Vietnam?

      Pursuant to Clause 1 Article 2 of the Circular 75/2021/TT-BTC stipulating funding from state budget for implementation of the intellectual property asset development program by 2030 in Vietnam as follows:

      1. Funding from state budget:

      a) Funding for science and technology career derived from central-government budget allocated for covering costs of performing science and technology tasks (projects, schemes and plans) and general activities and recurring tasks of the Program directly managed by the central government, including:

      - National-level science and technology tasks of the Program (managed by the Ministry of Science and Technology), including: Tasks performed to fulfill the criteria of the national-level science and technology tasks as prescribed in the Law on Science and Technology and its guiding documents; especially, tasks performed in ethnic minority and mountainous regions, extremely disadvantaged areas, and typical, complicated or specialized tasks as defined by the Ministry of Science and Technology shall be given priority;

      - Ministerial-level science and technology tasks of the Program (managed by Ministries or central-government authorities), including: Tasks of the Program which meet the criteria for ministerial-level science and technology tasks;

      - General activities and recurring tasks of the Program managed by the central government.

      What are regulations on other funding sources for implementation of the intellectual property asset development program by 2030 in Vietnam?

      Pursuant to Clause 2 Article 2 of the Circular 75/2021/TT-BTC stipulating funding from other funding sources for implementation of the intellectual property asset development program by 2030 in Vietnam as follows:

      2. Other funding sources, including:

      a) Funding provided by organizations, individuals and enterprises undertaking the Program’s tasks;

      b) Other lawfully mobilized funding sources.

      What are rules for use of funding from state budget and other funding sources for implementation of the intellectual property asset development program by 2030 in Vietnam?

      Pursuant to Article 3 of the Circular 75/2021/TT-BTC stipulating rules for use of funding from state budget and other funding sources for implementation of the intellectual property asset development program by 2030 in Vietnam as follows:

      1. Funding derived from state budget allocated in annual state budget estimates of Ministries, central-government authorities and provincial governments according to regulations on delegation of authority for state budget management set out in the Law on state budget shall be used for covering costs of performing the Program’s tasks. To be specific:

      a) Funding from state budget shall be allocated for fully covering costs of performing the tasks specified in Point c Clause 1, Clause 2, Points a, b and c Clause 3 and Clause 6 Section II Article 1 of the Prime Minister’s Decision No. 2205/QD-TTg;

      b) Funding from state budget shall be allocated for supporting the payment of costs of performing the tasks specified in Point a and Point b Clause 1, Point d and Point dd Clause 3, Clause 4 and Clause 5 Section II Article 1 of the Prime Minister’s Decision No. 2205/QD-TTg with approval according to the following rules:

      - With regard to regulatory authorities, political organizations, socio-political organizations, and public administrative units of which recurrent expenditures are fully covered by funding from state budget: Funding from state budget shall be allocated for fully covering costs incurred from the performance of tasks;

      - With regard to public administrative units of which recurrent expenditures are partially covered by funding from state budget: Funding from state budget shall be allocated for partially covering expenditures based on each unit’s revenues (total funding derived from state budget shall not exceed 70% of total estimated costs of performing tasks);

      - With regard to public administrative units that self-cover their recurrent expenditures and investment expenditures, public administrative units that self-cover their recurrent expenditures, non-public administrative units, enterprises and other organizations: Funding derived from state budget shall not exceed 50% of total estimated costs of performing tasks.

      c) Spending contents and amounts covered by funding from state budget shall comply with the provisions of Chapter II of this Circular and regulations in force on policies on and limits on state budget expenditures.

      2. Authorities and organizations undertaking the Program’s tasks should develop their own plans for mobilization of financial sources, which fully specify their demand for funding sorted by funding sources specified in Article 2 of this Circular and description of ability to mobilize such financial sources.

      3. Entities and persons undertaking tasks shall proactively call for extra-budgetary sources, use and disburse mobilized funding according to their plans for mobilization of financial sources, and ensure the funding structure is aligned with the ratio of such mobilized funding to the approved funding from state budget.

      4. Spending contents and amounts covered by other funding sources shall comply with regulations applied to each specific funding source, and entities shall be encouraged to comply with regulations herein.

      Best regards!

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    "This English translation is for reference purposes only and not a definitive translation of the original Vietnamese texts"

    LEGAL BASIS OF THIS SITUATION
    • Article 2 of the Circular 75/2021/TT-BTC Download
    • Article 3 of the Circular 75/2021/TT-BTC Download
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