Circular 16/2014/tt-Bkhcn: Regulations On The Conditions Of Establishment, The Activity Of Market Intermediary Organizations Of Science And Technology

Original Language Title: Thông tư 16/2014/TT-BKHCN: Quy định về điều kiện thành lập, hoạt động của tổ chức trung gian của thị trường khoa học và công nghệ

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The CIRCULAR regulates the conditions of establishment, the activity of market intermediary organizations of science and technology _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to Decree No. 20/2013/NĐ-CP on April 2 in 2013 of the Government functions, tasks, powers and organizational structure of the Ministry of science and technology;
Pursuant to Decree No. 08/2014/ND-CP dated 27 January 2014 the Government's detailed rules guiding the implementation of some articles of the law on Science and technology;
At the suggestion of the Director market development and science and technology business and the Director of the legislation;
The Minister of science and technology issued a circular regulating the conditions of establishment, the activity of market intermediary organizations of science and technology.
Chapter I GENERAL PROVISIONS article 1. Scope and objects 1. This circular specifies the conditions of establishment, the activity of market intermediary organizations of science and technology in the form of scientific and technological institutions (hereafter abbreviated as intermediate organizations).
2. This circular apply to organizations and individuals formed or joined to establish, operate, manage the type of intermediary organizations: a) the trading floor technology;
b) technology trading center;
c) promotion and support technology transfer activities;
d) Center support intellectual property valuation;
DD) support innovation;
e) basis of the incubator, business incubator of science and technology.
Intermediary organization can be established under the form of the floor, the Center, offices, rooms, nurseries and other forms.
The name of the intermediary organization comply with the provisions of circular No. 03/2014/TT-BKHCN on 31 March 2014 of the Minister of science and technology established the conditions and instructions of registration activities of the scientific and technological organizations, representative offices, branches of the science and Technology Organization (hereafter abbreviated as circular 03/2014/TT-BKHCN).
3. other intermediary organizations not belonging to the type defined in item 2 of this established and operated according to the legal provisions on intellectual property, technology transfer, standardization, metrology, quality and law in other related fields.
Article 2. Explanation of terms In this circular, the terms below are interpreted as follows: 1. The organization is the organization providing the service connection, lateral support, the party and other parties in a transaction related to technology, intellectual property according to the rules of civil law, commercial , investment, business, science and technology.
2. The trading technology is kind of intermediary organizations have the ability to perform all the services in support of the demand side trading technology, intellectual property from Hi buy, selling, showcase, representatives, agents, consultants, brokers, valuation support, technical support , support the negotiation, signing, execution technology, intellectual property.
3. national technology trading floor is the trading floor technologies was tasked to assist all parties in need of technological transactions, intellectual property in the nationwide service of national strategy of economic and social development.
4. the technology trading floor is a public technology platform is tasked to focus on support for the party in need of technological transactions, intellectual property, certain served on the development strategy of the economic zone.
5. the technology trading center is the type of intermediary organizations have the ability to perform certain services in support of the demand side trading technology, intellectual property in the local scope or certain sectors.
6. Center the promotion and support of technology transfer activities is the type of intermediary organizations to provide advisory services, support the Organization of science and technology, business science and technology and other organizations have created activity results of scientific research and technological development , active in intellectual property, commercialization of the results of scientific research and technological development, intellectual property.
7. Support of valuation of intellectual property is the type of the intermediate organization that provides consulting services, support, representative of the owner, the owner has the right to use the results of scientific research and technological development, intellectual property and related parties in determining the value of the results of scientific research and technological development , intellectual property.
8. The Centre supports innovation is kind of intermediary organizations to provide advisory services, support organizations, individuals in service, product innovation, process management, organization of production, sales; acquire, master the technology; management, exploitation and commercialization of intellectual property; active management of innovation.
9. The basis of incubator, business incubator of science and technology is the type of intermediary organizations to provide advisory services, support organizations, individuals in scientific research and technological development; finishing, application, commercialization of technology; build business models, financing investment and other activities promoting the establishment and development of scientific and technological enterprises.
Article 3. The function of intermediary organization 1. The function of the trading floor technology: a) provides support services to the parties to conduct transactions technology, intellectual property, ensuring the legality, safety and efficacy;
b), transaction monitoring technology, intellectual property; listed bid buy sell price, technology, intellectual property, according to time;
c) the operations specified in point a and point b of paragraph 2, 3, 4, 5.
2. The function of the technology trading center: a) exhibiting, advertising, introduction, provides the technology, the equipment according to the needs of individual organizations;
b) consulting, brokerage, technology trading intellectual assets; technology transaction contracts representative, trustee, proxy, agent, registered according to the needs of individual organizations;
c) the operations specified in point a and point b of paragraph 1, 4, 5.
3. The functions of the Centre for the promotion and support of activities in technology transfer: a) to support commercialization of the results of scientific research and technological development, the Organization's intellectual property, science and technology, science and technology, business, other organizations have created activity results of scientific research and technological development , intellectual property;
b) provides research, order service, technology transfer and investment cooperation in scientific research and technological development;
c) the operations specified in point a and point b of paragraph 4 and Paragraph 5 of this Article.
4. The functions of the Organization in support of valuation of intellectual property: a) provides consulting services, support, representative of the owner, the owner has the right to use the results of scientific research and technological development, intellectual property and related parties in determining the value of the results of scientific research and technological development , intellectual property;
b) make the requirements of State agencies in determining the value of results of scientific research and technological development, intellectual property.
5. The functions of the Centre in support of innovation: a) advice for organizations, individuals about how product innovation, service; process innovation management, business organization; active management of innovation; management, exploitation and commercialization of intellectual property;
b) provides support services to organizations, individuals in select, acquire, decode, master, technological improvements;
c) the operations specified in point a and point b of paragraph 3 and paragraph 4 of this Article.
6. The functions of the underlying technology, business incubator of science and technology: a) provide infrastructure-engineering and services serving the incubator activity, business incubator of science and technology;
b) consulting, training, scientific research and technological development; finishing, application, commercialization of technology; starting a business, business management, market development, branding, intellectual property management;
c) promote technology, business science and technology;
d) investment, mobilization of capital investments, financial operations support, credit for incubation and commercialization of the technology, the science and technology enterprise;
DD) the activities specified in point a of paragraph 3 and point b Paragraph 5 of this Article.
Chapter II CONDITIONS for ESTABLISHMENT, OPERATION of INTERMEDIARY ORGANISATIONS article 4. The General conditions, the authority, established procedures, registration 1. General conditions and procedure established, registered intermediary organization's activity is performed according to established regulations, registration of scientific and technological institutions in the Decree 8/2014/ND-CP dated 27 January 2014 the Government's detailed rules guiding the implementation of some articles of the law on Science and technology (hereinafter abbreviated as Decree 8/2014/ND-CP) and circular 03/2014/TT-BKHCN.
2. jurisdiction of establishment, merger, Division, separation, dissolution of intermediary organizations be made according to the provisions of article 12 of law science and technology and article 5 of the Decree 8/2014/ND-CP of competence established trading floor technology, technology trading center set up specific instructions such as the following : a) national technology trading floor established by the decision of the Minister of science and technology and on the basis of the text approved by the Chairman of the provincial people's Committee, where the trading floor technology headquarters;
b) trading floor Technology Department was established according to the decision of the Chairman of the provincial people's Committee where the technology trading platform headquartered and based on the written approval of the Minister of science and technology;
c) technology trading center set up in the province, central cities are established according to the decision of the Chairman of the provincial people's Committee.
3. the registration records held intermediaries send registration office of science and technology under the Ministry of science and technology, Department of science and technology must have a demonstration about meet the conditions prescribed in articles 5, 6, 7, 8, 9 of this circular and valid document attached.

4. The registered office of science and technology, Department of science and technology have the responsibility to send the document referred to in Paragraph 3 of this article and the text suggested the Bureau of market development and science and technology enterprise under the Ministry of science and technology have comments about meet the conditions specified in this circular to do certificate operation of intermediary organizations, except where the establishment has qualified opinion of the Bureau of market development and science and technology business.
5. The Bureau of market development and science and technology businesses have a responsibility to submit comments in writing within 5 working days from receipt of valid records. In case of need modification, additions or confirm the validity of the documents in the record, the Bureau of market development and science and technology business send notifications of content requirements and assign a time limit of not more than 10 working days for the Organization, individuals related to perfect profile at the same time to send the said notification to the relevant authority specified in paragraph 4 of this Article.
6. record Evaluation Agency established intermediary organizations conducted the public opinions about the meet conditions specified in this circular under the corresponding procedure prescribed in clause 4 and Clause 5 of this Article.
Article 5. Conditions established, trading floor technology operation 1. Conditions of manpower: a) having at least 5 people have university degrees, which have at least 40% of official work, 30% have the certificate, the certificate of course completion: consulting, brokerage, promotion and technology transfer; intellectual property management; rating, valuation of technology; valuation of intellectual property;
b) head must have university degrees, certificates, certificate of completion of a course in the skills specified in point a of this paragraph and have at least 3 years of working experience related to technology commercialization, intellectual property.
2. Conditions of the physical-technical basis for national technology trading floor: a) has the right to use the premises in an area of 1,000 sq. meters minimum period from 5 years and older for the purpose of: introduction, consultation, negotiation and technology transfer, intellectual property and other activities serve the function of the platform technology;
b) Contains the database or have the right to use and exploit the database about the supply and demand of technology, intellectual property; about the Organization, the individual broker technology; the Organization, expert reviews, valuation of technology, intellectual property; the Organization, expert advice, technical support and technology transfer, intellectual property, standards, quality, metrology;
c) have the technical process, transaction management process technology, intellectual property rights and interests of organizations and individuals involved in the transaction technology, intellectual property;
d) There own website or have the right to use the public website about trading technology, intellectual property;
DD) Has electronic trading and technical measures to ensure transaction parties technology, intellectual property and updated information on technological transactions, intellectual property.
3. Conditions on the basis of the material-technical for trading floor technology zone: a) has the right to use the premises of area a minimum of 500 m 2 within the time limit from 10 years or more for the purpose of: introduction, consultation, negotiation and technology transfer, intellectual property and other activities serve the function of the platform technology;
b) satisfies the conditions specified in points b, c, d, e clause 2 of this Thing.
4. Conditions of physical-technical basis for technology trading floor in addition to a public execution as defined at points b, c, d Paragraph 2 of this Article.
Article 6. Conditions established, active technology trading center 1. Conditions of manpower: a) meet the conditions stipulated in art. 1 article 5 this circular;
b) head must have university degrees, certificates, certificate of completion of a course in the skills specified in point a of paragraph 1 article 5 this circular and have at least 1 years experience related to technology commercialization, intellectual property.
2. Conditions of the physical-technical base for the technology trading center set up in the provinces and cities under central: a) has the right to use the premises of area a minimum of 300m2 within the time limit from 10 years or more for the purpose of: introduction, counseling, negotiating technology transfer intellectual property, and other activities that serve the function of the technology trading center;
b) satisfies the conditions specified in points b, c, d Paragraph 2 article 5 this circular.
3. Conditions of physical-technical basis for technology trading center in addition to a public execution as defined at points b, c, d Paragraph 2 article 5 this circular.
Article 7. The conditions of establishment, operation and promotion center to support technology transfer activities 1. Conditions of workers are made according to the provisions in clause 1 6 of this circular.
2. Conditions of the physical-technical basis: a) Has a database or have the right to use and exploit the database about the supply and demand of technology commercialization of scientific research results and technological development, the Organization's intellectual property, science and technology business, science and technology, personal works of science and technology;
b) meet the conditions specified in point c of Paragraph 2 article 5 this circular.
Article 8. Conditions established support center operations, valuation of intellectual property 1. Conditions of manpower: a) having at least 5 people have university degrees, which have at least 40% of official work, 30% have the certificate, the certificate of completion of a course on valuation of intellectual property;
b) heads of organizations must have a university degree, certificate, certificate of completion courses on intellectual property valuation and have at least 1 year experience in the work related to intellectual property valuation.
2. Conditions of the physical-technical basis: a) Have documentation system, documentation, technical means necessary to perform the services in support of valuation of intellectual assets;
b) technical processes of valuation of intellectual property.
3. Business Valuation satisfies the condition of activities according to the provisions of Law reviews are conducted the operation in function of the center support intellectual property valuation provisions of this circular.
Article 9. The conditions of establishment, the operations center of innovation support 1. Conditions of manpower: a) having at least 5 people have university degrees, which have at least 40% of official work, 30% had completed certification, certificate course on innovation, intellectual property management;
b) heads of organizations must have a university degree, have at least 1 year related work experience in technical consulting, innovation, intellectual property management.
2. Conditions of the physical-technical basis: a) Have documentation system, documentation, technical means necessary to provide consulting services, technical support, business innovation;
b) technical processes, management procedures ensure the rights and interests of parties involved consulting services, technical support, creative innovation.
Article 10. The conditions of establishment, the base operation incubator, incubator business science and technology 1. Conditions of manpower: a) having at least 5 people have university degrees, which have at least 40% of official work, 30% had completed certification, certificate course in the skills: active management or incubator incubator, business incubator of science and technology; corporate governance; investment consulting; financial advice;
b) head must have university degrees, certificates, certificate of completion of a course in the skills referred to in point a of this Paragraph, there are at least 7 years work experience in a related field: incubation, commercialization of technology; business incubator of science and technology; enterprise development; investment; financial.
2. Conditions of the physical-technical basis: a) has the right to use the premises of the minimum 100 m2 area in term from 1 year upwards to set general workspace objects are incubator;
b) have the right to lawfully use laboratories, test facilities, equipment needed for incubation activities in the relevant field;
c) Containing a database, or the right to use and exploit the database on technology incubation, objects, technology expert, expert advice for incubation activities involved;
d) Have the process incubator, business incubator of science and technology.
Chapter III IMPLEMENTATION article 11. The responsibility of the State Agency of science and technology 1. Bureau of business and market development of science and technology and the Department of science and technology within the scope of his duties, function is responsible for: a) popular policies, legislation, programs, and projects related to the development of intermediary organizations;
b) in coordination with the authority, professional organisation implementing the training programs, professional training, certification, certification for human resource development for intermediary organizations;
c) collect, update the needs for technology commercialization, intellectual property of institutions of science and technology, the science and technology enterprise; reception needs, technological innovation of enterprises and provide intermediary organizations;
d) coordinate communication about the intermediate organization in promoting the commercialization of intellectual property, technology, results of scientific research and technological development;
DD) support facility, the technical means necessary to maintain and develop the activity of intermediary organizations;
e) connection support intermediary organizations of science and technology in the market locally and support local intermediary organizations to link with the intermediary organizations in science and technology markets abroad; approach and operational links with the investment funds, the investment company in the field of technology, intellectual property;
g) collaborated to provide sources of information supply and demand technologies, intellectual property for intermediary organizations to promote the commercialization of scientific research results and technological development, intellectual property;

h) in cooperation with the competent authorities, inspection, inspectors handle violation of legal provisions about the organization.
2. Implementation functional focal information science and technology provisions in articles 25, 26, 27 of Decree 11/2014/2015/ND-CP dated 18 February 2014 of the Government on the activities of the scientific and technological information, the registration office of science and technology and the Department of science and technology have the responsibility to provide information about the Organization and activities of the intermediary organizations for the Bureau of market development and science and technology enterprises to report to the Minister of science and technology.
3. The Office of the science and technology programme countries and the related unit is responsible for reviewing project support establishment, registration organization of intermediary activities according to the market development program science and technology by 2020, the program supports the development of science and technology enterprises and scientific institutions and public technology implementation mechanisms self-reliance is responsible.
Article 12. The liability of the intermediary organization 1. Carry the responsibility of scientific and technological institutions specified in circular No. 03/2014/TT-BKHCN.
2. Ensure the maintenance of conditions of manpower, material-technical base meets the provisions of this circular in the active process.
3. Build and implementation regulation activity link between the Organization and coordination of activities with the organisation of supply-demand technology, business support organizations, industry associations, the governing body of science and technology and management sectors, other sectors.
4. Ensuring the technical infrastructure of information technology, unified, capable of tapping links General database of science and technology in the market.
5. annual or periodic reports requested for the Department of business and market development of science and technology about active results, difficult obstacles and necessary support measures.
Article 13. Transitional provisions 1. Within a period of 6 months from the date of this circular effect, intermediate organizations were established prior to the date of this circular in force to perform the registration procedure or to suggest changes, additions, reissuing a certificate under the provisions of the circular 03/2014/TT-BKHCN and this circular.
2. enterprises and organizations performing the function of intermediary organizations that enjoy preferential regimes, support measures applied with regard to the Organization of science and technology intermediary organization, under the provisions of the law on Science and technology, the guidance documents, the national program of science and technology after the registration according to the type of organization of intermediary rules in this circular.
Article 14. Effect 1. This circular effect since August 2014.
2. During the implementation process, if there are difficulties and obstacles, suggest that the agencies, local units of the Ministry of science and technology to study the amended and supplemented accordingly./.
The CIRCULAR regulates the conditions of establishment, the activity of market intermediary organizations of science and technology pursuant to Decree No. 20/2013/NĐ-CP on April 2 in 2013 of the Government functions, tasks, powers and organizational structure of the Ministry of science and technology;
Pursuant to Decree No. 08/2014/ND-CP dated 27 January 2014 the Government's detailed rules guiding the implementation of some articles of the law on Science and technology;
At the suggestion of the Director market development and science and technology business and the Director of the legislation;
The Minister of science and technology issued a circular regulating the conditions of establishment, the activity of market intermediary organizations of science and technology.
Chapter I GENERAL PROVISIONS article 1. Scope and objects 1. This circular specifies the conditions of establishment, the activity of market intermediary organizations of science and technology in the form of scientific and technological institutions (hereafter abbreviated as intermediate organizations).
2. This circular apply to organizations and individuals formed or joined to establish, operate, manage the type of intermediary organizations: a) the trading floor technology;
b) technology trading center;
c) promotion and support technology transfer activities;
d) Center support intellectual property valuation;
DD) support innovation;
e) basis of the incubator, business incubator of science and technology.
Intermediary organization can be established under the form of the floor, the Center, offices, rooms, nurseries and other forms.
The name of the intermediary organization comply with the provisions of circular No. 03/2014/TT-BKHCN on 31 March 2014 of the Minister of science and technology established the conditions and instructions of registration activities of the scientific and technological organizations, representative offices, branches of the science and Technology Organization (hereafter abbreviated as circular 03/2014/TT-BKHCN).
3. other intermediary organizations not belonging to the type defined in item 2 of this established and operated according to the legal provisions on intellectual property, technology transfer, standardization, metrology, quality and law in other related fields.
Article 2. Explanation of terms In this circular, the terms below are interpreted as follows: 1. The organization is the organization providing the service connection, lateral support, the party and other parties in a transaction related to technology, intellectual property according to the rules of civil law, commercial , investment, business, science and technology.
2. The trading technology is kind of intermediary organizations have the ability to perform all the services in support of the demand side trading technology, intellectual property from Hi buy, selling, showcase, representatives, agents, consultants, brokers, valuation support, technical support , support the negotiation, signing, execution technology, intellectual property.
3. national technology trading floor is the trading floor technologies was tasked to assist all parties in need of technological transactions, intellectual property in the nationwide service of national strategy of economic and social development.
4. the technology trading floor is a public technology platform is tasked to focus on support for the party in need of technological transactions, intellectual property, certain served on the development strategy of the economic zone.
5. the technology trading center is the type of intermediary organizations have the ability to perform certain services in support of the demand side trading technology, intellectual property in the local scope or certain sectors.
6. Center the promotion and support of technology transfer activities is the type of intermediary organizations to provide advisory services, support the Organization of science and technology, business science and technology and other organizations have created activity results of scientific research and technological development , active in intellectual property, commercialization of the results of scientific research and technological development, intellectual property.
7. Support of valuation of intellectual property is the type of the intermediate organization that provides consulting services, support, representative of the owner, the owner has the right to use the results of scientific research and technological development, intellectual property and related parties in determining the value of the results of scientific research and technological development , intellectual property.
8. The Centre supports innovation is kind of intermediary organizations to provide advisory services, support organizations, individuals in service, product innovation, process management, organization of production, sales; acquire, master the technology; management, exploitation and commercialization of intellectual property; active management of innovation.
9. The basis of incubator, business incubator of science and technology is the type of intermediary organizations to provide advisory services, support organizations, individuals in scientific research and technological development; finishing, application, commercialization of technology; build business models, financing investment and other activities promoting the establishment and development of scientific and technological enterprises.
Article 3. The function of intermediary organization 1. The function of the trading floor technology: a) provides support services to the parties to conduct transactions technology, intellectual property, ensuring the legality, safety and efficacy;
b), transaction monitoring technology, intellectual property; listed bid buy sell price, technology, intellectual property, according to time;
c) the operations specified in point a and point b of paragraph 2, 3, 4, 5.
2. The function of the technology trading center: a) exhibiting, advertising, introduction, provides the technology, the equipment according to the needs of individual organizations;
b) consulting, brokerage, technology trading intellectual assets; technology transaction contracts representative, trustee, proxy, agent, registered according to the needs of individual organizations;
c) the operations specified in point a and point b of paragraph 1, 4, 5.
3. The functions of the Centre for the promotion and support of activities in technology transfer: a) to support commercialization of the results of scientific research and technological development, the Organization's intellectual property, science and technology, science and technology, business, other organizations have created activity results of scientific research and technological development , intellectual property;
b) provides research, order service, technology transfer and investment cooperation in scientific research and technological development;
c) the operations specified in point a and point b of paragraph 4 and Paragraph 5 of this Article.
4. The functions of the Organization in support of valuation of intellectual property: a) provides consulting services, support, representative of the owner, the owner has the right to use the results of scientific research and technological development, intellectual property and related parties in determining the value of the results of scientific research and technological development , intellectual property;
b) make the requirements of State agencies in determining the value of results of scientific research and technological development, intellectual property.
5. The functions of the Centre in support of innovation:

a) advice for organizations, individuals about how product innovation, service; process innovation management, business organization; active management of innovation; management, exploitation and commercialization of intellectual property;
b) provides support services to organizations, individuals in select, acquire, decode, master, technological improvements;
c) the operations specified in point a and point b of paragraph 3 and paragraph 4 of this Article.
6. The functions of the underlying technology, business incubator of science and technology: a) provide infrastructure-engineering and services serving the incubator activity, business incubator of science and technology;
b) consulting, training, scientific research and technological development; finishing, application, commercialization of technology; starting a business, business management, market development, branding, intellectual property management;
c) promote technology, business science and technology;
d) investment, mobilization of capital investments, financial operations support, credit for incubation and commercialization of the technology, the science and technology enterprise;
DD) the activities specified in point a of paragraph 3 and point b Paragraph 5 of this Article.
Chapter II CONDITIONS for ESTABLISHMENT, OPERATION of INTERMEDIARY ORGANISATIONS article 4. The General conditions, the authority, established procedures, registration 1. General conditions and procedure established, registered intermediary organization's activity is performed according to established regulations, registration of scientific and technological institutions in the Decree 8/2014/ND-CP dated 27 January 2014 the Government's detailed rules guiding the implementation of some articles of the law on Science and technology (hereinafter abbreviated as Decree 8/2014/ND-CP) and circular 03/2014/TT-BKHCN.
2. jurisdiction of establishment, merger, Division, separation, dissolution of intermediary organizations be made according to the provisions of article 12 of law science and technology and article 5 of the Decree 8/2014/ND-CP of competence established trading floor technology, technology trading center set up specific instructions such as the following : a) national technology trading floor established by the decision of the Minister of science and technology and on the basis of the text approved by the Chairman of the provincial people's Committee, where the trading floor technology headquarters;
b) trading floor Technology Department was established according to the decision of the Chairman of the provincial people's Committee where the technology trading platform headquartered and based on the written approval of the Minister of science and technology;
c) technology trading center set up in the province, central cities are established according to the decision of the Chairman of the provincial people's Committee.
3. the registration records held intermediaries send registration office of science and technology under the Ministry of science and technology, Department of science and technology must have a demonstration about meet the conditions prescribed in articles 5, 6, 7, 8, 9 of this circular and valid document attached.
4. The registered office of science and technology, Department of science and technology have the responsibility to send the document referred to in Paragraph 3 of this article and the text suggested the Bureau of market development and science and technology enterprise under the Ministry of science and technology have comments about meet the conditions specified in this circular to do certificate operation of intermediary organizations, except where the establishment has qualified opinion of the Bureau of market development and science and technology business.
5. The Bureau of market development and science and technology businesses have a responsibility to submit comments in writing within 5 working days from receipt of valid records. In case of need modification, additions or confirm the validity of the documents in the record, the Bureau of market development and science and technology business send notifications of content requirements and assign a time limit of not more than 10 working days for the Organization, individuals related to perfect profile at the same time to send the said notification to the relevant authority specified in paragraph 4 of this Article.
6. record Evaluation Agency established intermediary organizations conducted the public opinions about the meet conditions specified in this circular under the corresponding procedure prescribed in clause 4 and Clause 5 of this Article.
Article 5. Conditions established, trading floor technology operation 1. Conditions of manpower: a) having at least 5 people have university degrees, which have at least 40% of official work, 30% have the certificate, the certificate of course completion: consulting, brokerage, promotion and technology transfer; intellectual property management; rating, valuation of technology; valuation of intellectual property;
b) head must have university degrees, certificates, certificate of completion of a course in the skills specified in point a of this paragraph and have at least 3 years of working experience related to technology commercialization, intellectual property.
2. Conditions of the physical-technical basis for national technology trading floor: a) has the right to use the premises in an area of 1,000 sq. meters minimum period from 5 years and older for the purpose of: introduction, consultation, negotiation and technology transfer, intellectual property and other activities serve the function of the platform technology;
b) Contains the database or have the right to use and exploit the database about the supply and demand of technology, intellectual property; about the Organization, the individual broker technology; the Organization, expert reviews, valuation of technology, intellectual property; the Organization, expert advice, technical support and technology transfer, intellectual property, standards, quality, metrology;
c) have the technical process, transaction management process technology, intellectual property rights and interests of organizations and individuals involved in the transaction technology, intellectual property;
d) There own website or have the right to use the public website about trading technology, intellectual property;
DD) Has electronic trading and technical measures to ensure transaction parties technology, intellectual property and updated information on technological transactions, intellectual property.
3. Conditions on the basis of the material-technical for trading floor technology zone: a) has the right to use the premises of area a minimum of 500 m 2 within the time limit from 10 years or more for the purpose of: introduction, consultation, negotiation and technology transfer, intellectual property and other activities serve the function of the platform technology;
b) satisfies the conditions specified in points b, c, d, e clause 2 of this Thing.
4. Conditions of physical-technical basis for technology trading floor in addition to a public execution as defined at points b, c, d Paragraph 2 of this Article.
Article 6. Conditions established, active technology trading center 1. Conditions of manpower: a) meet the conditions stipulated in art. 1 article 5 this circular;
b) head must have university degrees, certificates, certificate of completion of a course in the skills specified in point a of paragraph 1 article 5 this circular and have at least 1 years experience related to technology commercialization, intellectual property.
2. Conditions of the physical-technical base for the technology trading center set up in the provinces and cities under central: a) has the right to use the premises of area a minimum of 300m2 within the time limit from 10 years or more for the purpose of: introduction, counseling, negotiating technology transfer intellectual property, and other activities that serve the function of the technology trading center;
b) satisfies the conditions specified in points b, c, d Paragraph 2 article 5 this circular.
3. Conditions of physical-technical basis for technology trading center in addition to a public execution as defined at points b, c, d Paragraph 2 article 5 this circular.
Article 7. The conditions of establishment, operation and promotion center to support technology transfer activities 1. Conditions of workers are made according to the provisions in clause 1 6 of this circular.
2. Conditions of the physical-technical basis: a) Has a database or have the right to use and exploit the database about the supply and demand of technology commercialization of scientific research results and technological development, the Organization's intellectual property, science and technology business, science and technology, personal works of science and technology;
b) meet the conditions specified in point c of Paragraph 2 article 5 this circular.
Article 8. Conditions established support center operations, valuation of intellectual property 1. Conditions of manpower: a) having at least 5 people have university degrees, which have at least 40% of official work, 30% have the certificate, the certificate of completion of a course on valuation of intellectual property;
b) heads of organizations must have a university degree, certificate, certificate of completion courses on intellectual property valuation and have at least 1 year experience in the work related to intellectual property valuation.
2. Conditions of the physical-technical basis: a) Have documentation system, documentation, technical means necessary to perform the services in support of valuation of intellectual assets;
b) technical processes of valuation of intellectual property.
3. Business Valuation satisfies the condition of activities according to the provisions of Law reviews are conducted the operation in function of the center support intellectual property valuation provisions of this circular.
Article 9. The conditions of establishment, the operations center of innovation support 1. Conditions of manpower: a) having at least 5 people have university degrees, which have at least 40% of official work, 30% had completed certification, certificate course on innovation, intellectual property management;
b) heads of organizations must have a university degree, have at least 1 year related work experience in technical consulting, innovation, intellectual property management.
2. Conditions of the physical-technical basis: a) Have documentation system, documentation, technical means necessary to provide consulting services, technical support, business innovation;
b) technical processes, management procedures ensure the rights and interests of parties involved consulting services, technical support, creative innovation.
Article 10. The conditions of establishment, the base operation incubator, incubator of scientific and technological enterprises

1. Conditions of manpower: a) having at least 5 people have university degrees, which have at least 40% of official work, 30% had completed certification, certificate course in the skills: active management or incubator incubator, business incubator of science and technology; corporate governance; investment consulting; financial advice;
b) head must have university degrees, certificates, certificate of completion of a course in the skills referred to in point a of this Paragraph, there are at least 7 years work experience in a related field: incubation, commercialization of technology; business incubator of science and technology; enterprise development; investment; financial.
2. Conditions of the physical-technical basis: a) has the right to use the premises of the minimum 100 m2 area in term from 1 year upwards to set general workspace objects are incubator;
b) have the right to lawfully use laboratories, test facilities, equipment needed for incubation activities in the relevant field;
c) Containing a database, or the right to use and exploit the database on technology incubation, objects, technology expert, expert advice for incubation activities involved;
d) Have the process incubator, business incubator of science and technology.
Chapter III IMPLEMENTATION article 11. The responsibility of the State Agency of science and technology 1. Bureau of business and market development of science and technology and the Department of science and technology within the scope of his duties, function is responsible for: a) popular policies, legislation, programs, and projects related to the development of intermediary organizations;
b) in coordination with the authority, professional organisation implementing the training programs, professional training, certification, certification for human resource development for intermediary organizations;
c) collect, update the needs for technology commercialization, intellectual property of institutions of science and technology, the science and technology enterprise; reception needs, technological innovation of enterprises and provide intermediary organizations;
d) coordinate communication about the intermediate organization in promoting the commercialization of intellectual property, technology, results of scientific research and technological development;
DD) support facility, the technical means necessary to maintain and develop the activity of intermediary organizations;
e) connection support intermediary organizations of science and technology in the market locally and support local intermediary organizations to link with the intermediary organizations in science and technology markets abroad; approach and operational links with the investment funds, the investment company in the field of technology, intellectual property;
g) collaborated to provide sources of information supply and demand technologies, intellectual property for intermediary organizations to promote the commercialization of scientific research results and technological development, intellectual property;
h) in cooperation with the competent authorities, inspection, inspectors handle violation of legal provisions about the organization.
2. Implementation functional focal information science and technology provisions in articles 25, 26, 27 of Decree 11/2014/2015/ND-CP dated 18 February 2014 of the Government on the activities of the scientific and technological information, the registration office of science and technology and the Department of science and technology have the responsibility to provide information about the Organization and activities of the intermediary organizations for the Bureau of market development and science and technology enterprises to report to the Minister of science and technology.
3. The Office of the science and technology programme countries and the related unit is responsible for reviewing project support establishment, registration organization of intermediary activities according to the market development program science and technology by 2020, the program supports the development of science and technology enterprises and scientific institutions and public technology implementation mechanisms self-reliance is responsible.
Article 12. The liability of the intermediary organization 1. Carry the responsibility of scientific and technological institutions specified in circular No. 03/2014/TT-BKHCN.
2. Ensure the maintenance of conditions of manpower, material-technical base meets the provisions of this circular in the active process.
3. Build and implementation regulation activity link between the Organization and coordination of activities with the organisation of supply-demand technology, business support organizations, industry associations, the governing body of science and technology and management sectors, other sectors.
4. Ensuring the technical infrastructure of information technology, unified, capable of tapping links General database of science and technology in the market.
5. annual or periodic reports requested for the Department of business and market development of science and technology about active results, difficult obstacles and necessary support measures.
Article 13. Transitional provisions 1. Within a period of 6 months from the date of this circular effect, intermediate organizations were established prior to the date of this circular in force to perform the registration procedure or to suggest changes, additions, reissuing a certificate under the provisions of the circular 03/2014/TT-BKHCN and this circular.
2. enterprises and organizations performing the function of intermediary organizations that enjoy preferential regimes, support measures applied with regard to the Organization of science and technology intermediary organization, under the provisions of the law on Science and technology, the guidance documents, the national program of science and technology after the registration according to the type of organization of intermediary rules in this circular.
Article 14. Effect 1. This circular effect since August 2014.
2. During the implementation process, if there are difficulties and obstacles, suggest that the agencies, local units of the Ministry of science and technology to study the amended and supplemented accordingly./.