Decision No. 2204/QD-TTg dated December 6, 2010 of the Prime Minister approving the program to support intellectual asset development during 2011-2015

THE PRIME MINISTER

Decision No. 2204/QD-TTg of December 6, 2010, approving the program to support intellectual asset development during 2011-2015

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

At the proposal of the Minister of Science and Technology,

DECIDES:

Article 1. To approve the program to support intellectual asset development during 2011-2015 with the following principal contents:

1. Objectives of the program: a/ General objectives:

- To further raise organizations' and individuals' awareness about the creation, management, protection and development of intellectual assets;

- To contribute to raising the competitiveness of Vietnamese products and services, giving priority to strategic and specific products with export potential.

b/ Specific objectives:

- To meet 70% of requirements of scientific and technological service enterprises and organizations for raising awareness about intellectual property;

- To meet 70%- of requirements of universities, scientific research institutions and scientific research and technological development institutions for guiding and supporting the creation of and managing, protecting and developing intellectual assets with respect to research outcomes;

- To meet 70%) of requirements of localities for supporting the development of intellectual assets with respect to their specialty ^products;

- To meet 50% of requirements of enterprises having strategic and specific products with export potential for supporting the registration of intellectual property protection in countries being major and potential markets.

2. Contents of the program:

a/ Disseminating knowledge about and training in intellectual property; supporting the management of intellectual property activities:

- To disseminate intellectual property knowledge in the mass media and in other forms;

- To hold workshops and professional training courses on intellectual property for different stakeholders, especially intellectual property businesspersons, scientists and managers;

- To compile and distribute intellectual property manuals;

- To support agencies and units in-organizing and managing intellectual property" activities: guiding the formulation and implementation of intellectual property strategies: supporting the development and organization of intellectual property activities.

b/ Establishing and operating organizations to support intellectual asset development.

c/ Supporting the establishment, exploitation, management, protection and development of intellectual assets of Vietnamese enterprises, organizations and individuals at home and abroad:

- To provide intellectual property information for creating, exploiting, managing, protecting and developing the value of. intellectual assets;

- To support the designing, protection registration, exploitation, management, protecting and development of the value of industrial brands and designs: information collection and search, designing, protection registration, management, exploitation, protection and development of the value of industrial brands and designs;

- To support the creation, exploitation, management, protection and development of intellectual assets with respect to geographical indication*- certification designs and collective designs for local products and services;

- To support the creation, exploitation, application and protection of intellectual assets with respect to scientific and technological creation outcomes: encouraging creation activities; applying intellectual property information to scientific and technological researched creation activities; establishing, exploiting; managing, protecting and developing intellectual assets with respect to creative scientific and technological products;

- To support protection registration, management, exploitation, protection and development of the value of new plant varieties;

- To support protection registration, management, exploitation, protection and development of the value of computer software and literature, art and scientific works.

d/ Supporting the formulation and application of management processes and scientific research outcomes and products to raise the value of intellectual assets:

- To support the formulation and application of measures and processes for managing products eligible for intellectual property rights protection;

- To support the application of research outcomes of new sciences and technologies to managing, and raising the value and competitiveness of, products eligible for intellectual property rights protection.

e/ Supporting the exploitation of scientific-technological and intellectual property information for research, application, production and business:

- To develop and update databases, scientific-technological information and intellectual property products for research, application, production and business;

- To organize and guide the search for and exploitation of scientific-technological and intellectual property information sources;

- To provide scientific-technological and intellectual property information at the request of organizations and individuals;

- To support the exploitation and application of scientific-technological information especially information on innovations for research and application, to create new technologies and products.

f/ Supporting the application of foreign innovations not protected in Vietnam for research, application, production and business

g/ Supporting the implementation c intellectual property rights protection program and activities, the prevention of acts infringing upon or illegally using intellectual property objects:

- To support professional training programs and activities on assurance of the enforcement of intellectual property rights for officers of intellectual property rights enforcement agencies;

- To support programs and activities on coordination, information exchange and capacity building for intellectual property rights enforcement agencies;

h/ Supporting the organization and implementation of international cooperation activities in the creation, exploitation, management, protection and development of intellectual assets: To support programs and activities on cooperation with foreign organizations and individuals in intellectual property rights training, information exchange, establishment registration and enforcement assurance with a view to building capacity for and developing Vietnam's intellectual property system.

Article 2. Organization of implementation of the program

1. Implementation duration: from 2011 to 2015.

2. Program implementation plan:

a/ From 2011 to 2013, to synchronously implement the program's contents.

b/ In 2013, to review 2 years' implementation of the program;

c/ From 2013 to 2015, to organize in-depth and intensive implementation of all contents of the program on the basis of assessing, drawing experience and widely applying achievements;

d/ In 2015,  to finally review the program implementation results during 2011-2015.

3. Program-implementing agencies:

a/ The Ministry of Science and Technology is the main implementing agency;

b/ 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 provincial-level People's Committees are coordinating agencies;

c/ The Ministry of Finance shall assume the prime responsibility for and coordinate with the Ministry of Science and Technology, guiding the financial management mechanism applicable to the program.

4. Program implementation apparatus:

a/ The steering committee, set up by the Minister of Science and Technology and composed of members being representatives of the Ministry and coordinating ministries, shall organize the implementation of the program. It shall direct the implementation of the program and will be assisted by the Secretariat decided by the Minister of Science and Technology;

b/ The standing body, which is the National Office of Intellectual Property under  the Ministry of Science and Technology, shall organize general activities and manage centrally managed projects;

c/ Local project management units, which are provincial-level Science and Technology Departments, shall assist provincial-level People's Committees in organizing general activities in localities and managing projects decentralized to localities for management.

Article 3. Program management

1. Mode of the program management:

a/ The Ministry of Science and Technology shall uniformly manage the program through organizing and implementing general activities and projects for the program implementation;

b/ Projects shall be managed based on contracts between project management units and units responsible for project implementation.

2. Management contents include:

a/ Management of the formulation of plans and the organization of general activities, covering public information about the program; conferences, workshops and meetings to review the program; researches, field visits, surveys, investigation and study tours to learn experience at home and abroad; hiring of consultants and assistants; survey; investigation, organization and implementation of activities to direct and organize the program implementation; public information and guidance on intellectual property and application of measures to promote the registration of intellectual property rights protection at home and abroad;

b/ Management of projects under the program, covering activities related to the proposal, making  and approval of a list of projects for the program implementation; selection of units to implement projects; implementation, examination and supervision of the implementation of projects; takeover test, analysis, assessment, exploitation, dissemination and wide application of project implementation results; and management of funds.

3. Projects under the program:

a/ Centrally managed projects, including:

- Projects which are formulated and implemented on a pilot basis to settle issues that are important for socio-economic development, of national scale or have influence on two or more regions or a key economic region, and require coordination of different ministries, sectors and localities;

- Projects which localities propose central bodies to manage because they lack personnel and physical foundations.

b/ Projects which central bodies decentralize to localities for management, including projects which are formulated and implemented on the basis of the outcomes of pilot models already reviewed, evaluated and tested before takeover, or which aim to deal with production development issues in localities and are within the management capacity of local project management units.

4. Selection of units to implement, manage and evaluate projects and test project implementation results:

The Minister of Science and Technology shall detail the selection of units to implement, manage and evaluate projects and test project implementation results.

Article 4. Responsibilities of program-implementing agencies

1. The Ministry of Science and Technology shall:

a/ Assume the prime responsibility for administering and organizing the program implementation;

b/ Assume the prime responsibility for and coordinate with coordinating agencies in, making and approving a list of projects under the program, selecting projects and units to implement centrally managed projects:

c/ Summarize, and propose competent agencies to approve, annual state budget fund estimates for the program implementation: fund estimates for general activities; central budget fund estimates for implementing projects under the program;

d/ Allocate fund estimates for general activities and centrally managed projects;

e/ Examine and supervise the program's activities; coordinate with decentralized project management agencies in examining and supervising the implementation of projects under the program;

f/ Modify contents and fund estimates for, and terminate the implementation of, centrally managed projects under the program;

g/ Evaluate, test before takeover and approve results of the implementation of centrally managed projects under the program;

h/ Evaluate and review the program.

2. The Ministry of Finance shall:

a/ Assume the prime responsibility for and coordinate with the Ministry of Science and Technology in, guiding the use and management of the program's funding sources;

b/ Consider and propose competent authorities to approve state budget fund estimates for the program implementation;

c/ Guide organizations and individuals in complying with current financial regulations.

3. Responsibilities and powers of provincial-level People's Committees:

a/ To assume the prime responsibility for organizing the program implementation in localities:

b/ To propose projects to be included in the list of projects under the program;

c/ To select units to implement projects decentralized to localities for management;

d/ To approve contents of and funds for the program's general activities in localities and projects decentralized to localities for management, and propose funds to be allocated from the central budget;     

e/ To modify contents of and fund-estimates for and terminate the implementation of, projects decentralized to localities for management;

f/ To manage, evaluate and test before takeover results of the implementation projects decentralized to localities for management;

g/ To evaluate and review the program in localities.     

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/ To coordinate with the Ministry of Science and Technology in organizing the program implementation;

b/ To propose projects to be included in the list of projects under the program; to select units to implement centrally managed projects;

c/ To coordinate with the Ministry of Science and Technology in examining, supervising and urging the implementation of projects;

d/To evaluate and test before takeover results of the implementation of centrally managed projects under the program.

5. The Minister of Science and Technology and chairpersons of provincial-level People’s Committees shall define specific responsibilities and powers of the program's steering committee, Secretariat and standing body and local project management units. 

Article 5. Funding sources for the program

1. Fund for the program implementation:

a/ Funds for the program implementation include funds for implementing projects and funds organizing and implementing the program’s general activities;

b/ Funds for the program implementation include .slate budget funds and other lawful sources;

c/ The Ministry of Finance shall reach agreement; with the Ministry of Science and Technology in determining central budget funds for the program implementation under the state budget law;

d/ Provincial-level People's Committees shall approve-local budget funds for the program implementation.

2. Funding sources:

a/Local budget funds shall be allocated for implementing the program's general activities and centrally managed projects, and for supporting the implementation of projects decentralized to localities for management;

b/ Local budget funds shall be allocated for implementing the program's general activities in localities and for supporting the implementation of projects decentralized to localities for management.

3. The Ministry of Finance shall assume the prime responsibility for, and coordinate with the Ministry of Science and Technology in. guiding spending levels and contents, and procedures for estimation, approval, allocation, accounting and settlement of funds for the program.

Article 6. This Decision takes effect on the date of its signing.

Article 7. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People's Committees, and concerned organizations shall implement this Decision.-

For the Prime Minister

Deputy Prime Minister

NGUYEN THIEN NHAN