What are tasks to develop and improve capacity of intermediaries and holders of intellectual property rights (IPR) in Vietnam?

What are tasks to develop and improve capacity of intermediaries and holders of intellectual property rights (IPR) in Vietnam?

Pursuant to Article 9 of the Circular 75/2021/TT-BTC stipulating tasks to develop and improve capacity of intermediaries and holders of intellectual property rights (IPR) in Vietnam as follows:

1. Support details:

a) Improving capacity of intermediaries engaging in control and management of products with protected geographical indications, certification trademarks or collective trademarks;

b) Improving capacity and operational efficiency of entities managing and using geographical indications, certification trademarks, collective trademarks and plant varieties; entities representing, managing and those holding copyright or related rights;

c) Developing IP assessment services, IP asset management and development services for enterprises, research institutions and higher education institutions.

2. The support tasks specified in Clause 1 of this Article shall be deemed as science and technology tasks in accordance with regulations of the Ministry of Science and Technology. Estimates of costs of performing such tasks shall be prepared in accordance with the Joint Circular No. 55/2015/TTLT-BTC-BKHCN and relevant regulations on policies on and levels of state budget expenditures.

What are tasks to build and develop an intellectual property (IP) culture by 2030 in Vietnam?

Pursuant to Article 10 of the Circular 75/2021/TT-BTC stipulating tasks to build and develop an intellectual property (IP) culture by 2030 in Vietnam as follows:

1. Disseminating information and raising awareness about IP on mass media with the aims of promoting innovation and increasing awareness of respecting IPR:

a) Spending on production of materials and publications in the form of press and publishing products (e.g. programs, specials, feuilletons, chronicles and articles) shall comply with the Government’s Decree No. 18/2014/ND-CP dated March 14, 2014 prescribing royalties in the press and publishing sectors;

b) Spending on production of materials and publications existing in the form of literature and fine arts works (e.g. pictures, banners, posters, signage, slogans and digital billboards) shall comply with the Government’s Decree No. 21/2015/ND-CP dated February 14, 2015, prescribing royalties and remunerations for cinematographic, fine arts, photographic, stage and other performance art works;

c) Spending n production of materials and publications existing in the form of radio and television programs shall comply with the Circular No. 03/2018/TT-BTTTT dated April 20, 2018 of the Ministry of Information and Communications on economic and technical norms regarding television production and the Circular No. 09/2020/TT-BTTTT dated April 24, 2020 of the Ministry of Information and Communications promulgating technical - economic norms on production of radio programs;

d) Other spending details (e.g. costs of printing and publishing with respect to print press coverage and publications) shall comply with regulations in force on policies on and levels of state budget expenditures, provided that payments are made under contracts and based on actual amounts arising within the budget estimates approved by competent authorities, and cost efficiency and effectiveness are assured;

dd) Spending on holding conferences in communicating and increasing awareness about IP shall comply with the Circular No. 40/2017/TT-BTC dated April 28, 2017 of the Ministry of Finance, prescribing allowances for mileage and conferences.

2. Compiling and publishing IP materials shall comply with the Circular No. 76/2018/TT-BTC on August 17, 2018 of the Ministry of Finance, providing guidance on costs of designing training programs and compiling course syllabi of universities and vocational schools.

3. Developing and operating software and applications used on electronic equipment, mobile equipment for providing information, support and counseling about IP: Comply with Point a and Point b Clause 1 Article 5 of this Circular.

4. Organizing commendation and reward for communities and individuals gaining outstanding achievements in IP:

a) Based on specific conditions, authorities in charge of managing the Program shall develop plans for and regulations on commendation and reward for communities and individuals gaining outstanding achievements in IP activities in accordance with the Law on emulation and commendation and its guiding documents;

b) The spending amounts on commendation and reward shall comply with the Government's Decree No. 91/2017/ND-CP dated July 31, 2017 providing guidelines for implementation of the Law on emulation and commendation.

If funding is mobilized from other lawful funding sources (other than state budget allocations), such as from domestic and foreign entities and individuals, for commending and rewarding communities and individuals gaining outstanding achievements in IP activities: Spending contents and amounts shall comply with specific regulations of such sponsoring entities after receipt of competent authorities’ consent to their grant of rewards in accordance with regulations of law.

What are regulations on spending on management and general activities of the intellectual property asset development program by 2030 in Vietnam?

Pursuant to Article 11 of the Circular 75/2021/TT-BTC stipulating spending on management and general activities of the intellectual property asset development program by 2030 in Vietnam as follows:

1. Spending on dissemination of information about the Program and results obtained from performing the Program’s tasks shall comply with regulations in force on policies on and levels of state budget expenditures, provided payments are made under contracts and based on actual costs incurred within the approved budget estimates.

2. Spending on counseling for determination and placement of orders for performing tasks; selecting the Program’s tasks; carrying out checking and acceptance testing of the completed tasks of the Program; organizing application, dissemination and multiplication of outcomes of the performed tasks; hiring counseling experts (if necessary) about contents and tasks performed during management and organization of the implementation of the Program; holding scientific seminars shall comply with the Joint Circular No. 55/2015/TTLT-BTC-BKHCN.

3. Spending on investigations and surveys for building and performing activities serving the direction and organization of the implementation of the Program; investigations and surveys for assessing potential of products and services so as to determine the rationality of subjects and criteria for domestic and overseas protection, management and development of IP assets: Comply with the Circular No. 109/2016/TT-BTC dated June 30, 2016 of the Ministry of Finance, providing for estimation, management, use and statement of expenditures on conducting statistical investigations and national censuses.

4. Spending on allowances for mileage and holding meetings on preliminary and final review of the Program shall comply with the Circular No. 40/2017/TT-BTC dated April 28, 2017 of the Ministry of Finance, prescribing allowances for mileage and conferences.

5. Spending on stationery and public utilities (e.g. electricity, water and telecommunication): Payments shall be made under contracts and based on actual amounts arising within the approved budget estimates.

6. Spending on entering and leaving delegations shall comply with the Circular No. 102/2012/TT-BTC dated June 21, 2012 of the Ministry of Finance and the Circular No. 71/2018/TT-BTC dated August 10, 2018 of the Ministry of Finance.

7. Spending on management and general activities of the Program shall comply with regulations in force on policies on and levels of state budget expenditures, provided that payments are made under contracts and based on actual costs incurred within the approved budget estimates.

Spending on purchase of office equipment, and repair of property necessary for management and general activities of the Program: The authorities assigned to manage the Program shall use annually allocated funding for covering recurrent expenditures for covering such costs in accordance with regulations on allowances, limits and rules for management and use of machinery and equipment by state authorities, public administrative units and other regulations on use of state funding for covering recurrent operating expenses; these costs shall not be included in the Program’s estimated funding.

Best regards!