Circular 18/2013/tt-Bkhcn: Guide The Implementation Of Some Provisions Of The Charter Initiative Was Issued Under Decree No. 13/2012/nđ-Cp Dated August 3, 2012 Of The Government

Original Language Title: Thông tư 18/2013/TT-BKHCN: Hướng dẫn thi hành một số quy định của điều lệ sáng kiến được ban hành theo Nghị định số 13/2012/NĐ-CP ngày 02 tháng 3 năm 2012 của Chính phủ

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SCIENCE AND TECHNOLOGY
Number: 18 /2013/TT-BKHCN
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, August 1, 2013

IT ' S SMART

The guide execs several provisions of the initiative charter issued under the Digital Protocol. 13 /2012/NĐ-CP

February 02, 2012 Politics of the brew

_________________

Base of Protocol 20 /2013/ND-CP 26 February 2013 of the Government stipulated the functions, duties, powers, and organizational structure of the Ministry of Science and Technology;

Base of Protocol 13 /2012/NĐ-CP February 2, 2012, the Government of the Government of the United States is enacted in the Initiative.

The Minister of Science and Guide Technology execs several provisions of the Initiative Charter enacted under the Numerical Decree. 13 /2012/NĐ-CP 2 March 2012 of the Government (later known as the "Initiative of Initiative") as follows:

What? 1. The adjustment range

This information instructs a number of regulations on the condition, the procedure for recognizing the initiative, the application, the transfer of the initiative, the agreement on the return of revenge for the author of the initiative, and the participant to adopt the first initiative, the task of deployment. declare management measures and support the initiative's initiatives, institutions.

What? 2. The facility has the right and responsibility for recognizing the initiative

The specified basis at paragraph 4 Article 2 of the Charter of the Initiative is entitled and the responsibility for recognizing the initiative, including:

1. Legal, i.e. the organization that meets the regulatory conditions at Article 84 of the Civil Code, namely:

a) The legal establishment;

b) There is a tightly organized structure;

c) There is an independent property with individuals, other organizations and self-responsibility with that property;

d) In the name of an independent law in the name of the law.

2. Units that do not have a legal status, but may represent themselves in civil law relations independently (e.g., household, cooperative organization, business passport, private enterprise, attorney general office etc.).

3. Units with its own seals and accounts, the upper-level legal dependency (e.g. branches of the business, corporate subordination centers, the Corporation's Corporation ...), and authorized by the legal authority, the commission for implementation of the Company. the recognition of the initiative in the unit by text or internal regulation (e.g. regulations in the statute of initiative activities at the facility).

What? 3. The subject is recognized as the initiative

The subject is recognized as the initiative of technical solutions, management solutions, industrial solutions, or technical progress application solutions that meet regulatory conditions at Article 3 of the Initiative's Charter. Technical solutions, management solutions, an impact solution or technical progress application solutions are understood as follows:

1. The technical solution is the technical way, the technical means of addressing a task (a problem) identified, including:

a) Product, under the forms: objects (e.g. tools, machinery, equipment, components); substance (e.g. materials, materials, food, pharmaceuticals, cosmetics); biological materials (e.g., microbiology, bioprocessing, genes, plants, plants, genetically modified animals); or Like a plant, like a pet.

b) Process (e.g., technological process; diagnostic processes, forecasting, testing, processing, breeding techniques, cultivation; process of diagnosis, treatment for people, animals, and plants ...).

2. The management solution is the way to organize, run the work of any operating field, including:

a) The method of organizational work (e.g., human layout, machinery, equipment, tools, materials, materials);

b) Executive methods, inspection, job supervision.

3. The Industrial Solution consists of methods of performing technical operations, a career in the work of any active field, including:

a) The method of implementation of administrative procedures (e.g., reception, case processing, invoking, document);

b) The method of appraisal, appraisal, consulting, assessment;

c) The method of propaganda, training, teaching, training;

d) Animal training methods; ...

4. Technical progress application solutions are methods, ways, or measures that apply a known technical solution into practice.

What? 4. The solution has not yet been publicly exposed within the facility

The initiative to register the initiative is considered to be unpublicly exposed within the scope of the facility (prescribed at the point b 1 Article 4 of the Initiative Charter) if that solution is not yet known and no other person's solution is to coincide with that solution. describes in texts, books, technical documentation in any form that can be made public access in that facility, to the extent that the base may be done right now.

What? 5. The request for recognition of the initiative

1. The provision of the Single Content requirement recognizes the initiative at paragraph 3 Article 5 of the specific Guided Initiative Charter as follows:

a) The base name is required to recognize the initiative;

b) The initiative author or co-authors initiative (if any) and the contribution margin of each co-author;

c) The investment creates initiative: The case of a non-co-created initiative that creates the initiative is that in the application it is clear that the owner of the initiative creates the initiative as an agency, organization, or individual. If the initiative is created by the State of the Cost of Investing, the physical vehicle-the engineering is in the application to specify this information;

d) The name of the initiative; the application field; the description of the nature of the initiative; the information that needs to be secure (if any):

-The name of the initiative: To show the nature of the solution in the application;

-The field of application: Knowledge of the field can apply the initiative and the problem that the initiative addressed;

-Bias description:

+ On the content of the initiative: The brief, complete and clear description of the solution implementation steps as well as the necessary conditions to apply the solution; if the solution improvement solution was previously known at the facility then it is necessary to specify the status of the solution already. known, innovative, innovative content to overcome the shortcomings of the known solution. The description of the initiative can be illustrated with drawings, designs, diagoners, product samples, etc. if necessary;

+ On the applicable capacity of the initiative: It is clear about the solution that has been applied, including the application of testing in economic conditions-engineering at the facility and bringing real benefits; in addition, it is possible to specify the solution that is also likely to apply to the subjects, authorities said. So, what organization is it?

-The information needs to be secured (if any);

The conditions required to apply the initiative;

e) The organizers of the organization apply the first initiative (if any);

g) evaluating the gain or expected gain due to the application of the solution in the application in accordance with the author's opinion and in the opinion of the organization, the individual participants applied the solution for the first time, including the application of testing at the base in the following content:

-Comparison of economic benefits, society is obtained by applying a solution in the application than the case does not apply that solution, or compared to the same solutions already known at the facility (it is necessary to specify a solution that brings economic efficiency, higher social benefits than that. Or to overcome what extent the disadvantages of the solution knew-if the solution to improve the solution knew earlier);

-The amount of money that benefits (if it is possible) and states the specific way.

2. The request for the recognition of the initiative may follow the prescribed pattern at Annex I issued with this Smart, except where the basis where the author filed a request for recognizing the initiative to use another form.

3. The author of the initiative is responsible for the integrity of the information stated in the petition for recognition of the initiative.

What? 6. Continue, review the application and review the initiative

1. The reception and review of the application for the recognition of the initiative is carried out by regulation at Article 6 of the following specific Initiative and Regulation Charter:

a) The application of a single reception can be recorded on the application of the application of the initiative recognition (if available) and given to the applicant the receipt of the application receipt (which may follow the prescribed pattern at Annex II issued by this message), which specifies the time of reply. the results of the initiative to be recognized under the provisions of Article 7 of the Initiative's Charter.

b) The application of a single application requires the recognition of the responsibility for preservation, single storage and accompanying documents (if any); to keep the information secret required under the request of the initiative's author.

2. Before the decision to recognize the initiative, the decision-to-initiative agency decided to self-determine the publication of the solution publicly (except for information to remain secret at the request of the initiative author), self-determination of the investigation of the state of protection. Intellectual property rights by law to evaluate the initiative under regulatory conditions at B point 2 Article 3 of the Initiative Charter.

3. The basis of the adoption of the Certificate of Identification Certificate (possibly as a prescribed pattern at Annex III issued by this Notice) to the single-initiative is recognized and self-determination of the public publication of the solution was recognized as a result. The initiative for the agencies, organizations, individuals with the need to use the initiative to be able to access the information concerning the initiative.

4. The cost for the implementation of the initiative recognition is carried out by the regulation of the Ministry of Finance.

What? 7. Consider the recognition of the initiative issued by the State

1. Regulation at point b paragraph 4 Article 7 of the Initiative Charter is understood as follows:

In the two agencies, the Department of Science and Technology in the locality where the review agency recognizes the headquarters and agency, the organization of the State directly performs the investment that creates the initiative, the agency receiving (or getting earlier) the prescribed profile. At the end of this, it will be subject to the approval of the recognition of the initiative and may require the remaining body to be remixed.

2. The review of the approval of the recognition of the initiative by regulation at paragraph 4 Article 7 of the Charter of the Base Initiative to the Profile of the basis for the recognition of the initiative, the Case consists of the following documents:

a) The proposed text approx the recognition of the initiative;

b) The single copy requires the recognition of the initiative;

c) The evaluation of the assessment basis for the recognition of the initiative on the subject stated in the application of sufficient conditions to be recognized as the prescribed initiative at Article 3 and Article 4 of the Initiative Charter;

d) The conclusion of the initiative Council.

3. In the 1-month period from the date of receiving the Filing Request for the initiative, the judge approved the initiative to review and evaluate the recognition of the initiative under the provisions of the Initiative Charter and of this Information to decide. in terms of approval or not accepting the recognition of the initiative, the unapproved case needs to specify a reason.

4. periodically or when required, the agency, the direct state organization invested in creating initiatives that are responsible for reporting and providing information concerning initiatives created by the State of Business Investment, the physical means-engineering for the Department of State and the United States. Science and Local Technology where there is an initiative to recognize the initiative (as defined by the Appendix IV).

What? 8. The Council initiative

1. The Council of the Initiative established pursuant to Article 8 of the Initiative Charter of the Council of the Council, Vice President of the Council, Secretary of the Council, Experts, or persons with specialized qualifications in relation to the initiative content, university. of the union organization where the author is the union (if any) and other components follow the decision of the head of the decision to recognize the initiative. The Council's decision was adopted in accordance with the principle of voting or secret ballot with at least two thirds of the agreed opinion of the Council members.

2. The initiative case created by the State of Business Investment, the physical vehicle-the technical and the head of the agency to recognize the main initiative is the author of the initiative, then the head of the agency to recognize the initiative not to be a member of the Council. It's an initiative.

3. Cost of the operation of the Council on the initiative to follow the provisions of the Ministry of Finance.

What? 9. Knowledge Certificate

1. The initiative certificate can follow the prescribed pattern at Annex III issued by this message.

2. The initiative certification is issued to the author/co-authors initiative, the owner of the initiative creates the initiative (if the initiative author does not simultaneously create the initiative). The certificate is valued as evidence of the initiative to be recognized by a recognised basis in accordance with the Initiative's Charter.

3. At the request of the agency, the organization, the individual, the initiative recognition facility has the right to decide to cancel the initiative recognition and inform the author, the owner of the initiative to create the initiative in the following cases:

a) The applicant requires the recognition of the initiative not to be the initiative author under the regulation at paragraph 5 Article 2 of the Initiative Charter;

b) The object is recognized as the initiative not to fully meet the specified conditions at Article 3 and Article 4 of the Initiative's Initiative or the application, transfer of that object to violate the intellectual property rights of others.

What? 10. Apply, initiative transfer

1. The owner of the initiative, the creator of the initiative has the right to apply initiative and transfer initiatives to the organization, the other individual applies by regulation at paragraph 1 and point 2 Article 9 of the Initiative Charter, but without the right to prevent others. to implement the application and transfer of initiatives beyond the scope of the facility.

2. The organization, the individual who applies the initiative to take legal responsibility if the application of the initiative inventers the intellectual property rights of the organization, the other individual.

The investment school created initiative, the author of the initiative to transfer the initiative to others to apply and the adoption of that initiative violated the intellectual property rights of the organization, the other individual, the initiative that created the initiative, the author of the initiative (party). It is only responsible for the use of the damage to the recipient of the transfer due to the adoption of the initiative, if the parties have such a deal in the contract to transfer the initiative.

3. The initiative author does not have the right to apply or transfer the initiative to the organization, the other personally if such a deal between the capitalist creates the initiative and the initiative author, shown in the following texts:

a) Contract (e.g., written private agreement on applicable rights and transfers of initiatives, investment contracts to create initiative, employment contracts, labor contracts, recruitment contracts etc.);

b) The regulations of the owner make the initiative that the author is the worker who works in the agency, the organization must comply (e.g., the regulation of the rights and obligations of the worker, the statute of the initiative ...).

Where there is a difference in the regulation between the text set at the point a and the b point of this paragraph, the applicable rules are imposed on the agreement between the parties at this point.

4. The transfer of the initiative is made under the agreement between the parties, as defined by the law on civil contracts, the contract to transfer the technology, depending on the agreement content and the initiative to be transferred.

What? 11. Agreement on the payment of TB to the initiative author, the participant to adopt the first initiative.

1. The retaliation for the author of the initiative, for participants to apply the first initiative stipulated at paragraph 1 Article 10 of the Initiative's Article 10 of the Initiative being done under the agreement between the investment holder created initiative with the author, between the creator of the initiative. The participant in the organization applied the first initiative, understood to be between the parties having an agreement on whether or not to repay the TB, the way of revenge, the amount of remunation, the time, the payback period, expressed in the following texts:

a) Contract (e.g., written private agreement on the payment of TB, investment contracts to create initiative, employment contracts, labor contracts, recruitment contracts ...);

b) The regulations of the investment holder make the initiative that the author and participant apply the first initiative to be the worker working in the agency, the organization must comply (e.g., the regulation of the rights and obligations of the worker, the statute of activity). I don't know.

Where there is a difference in the regulation between the text set at the point a and the b point of this paragraph, the applicable rules are imposed on the agreement between the parties at this point.

2. The case between the parties with no agreement or no agreement is about the return of the TB, the applicable applies at Article 10 of the Initiative Charter.

What? 12. Responsible deployment of management measures and support for the initiative activities.

1. The intellectual property department is responsible for helping the Minister of Science and Technology implement the following measures to implement the management and support of the initiative:

a) Build, the authorship has the authority to enact legislation of law on the initiative;

b) Propaganda, dissembling and organizational implementation of policies, the rule of law on the initiative;

c) Guide to organizations, individuals who conduct registered procedures for establishing industrial ownership over initiatives that are likely to be protected for industrial ownership;

d) Consulting, support for providing information to the initiatives authors initiative in the creation, fining initiative and initiative mining on the basis of an initiative author;

In collaboration with the Union of Vietnamese Science and Engineering Society co-chaired, in collaboration with the Vietnam Labor Federation and the Communist Youth League of Ho Chi Minh Ho Chi Minh implemented measures aimed at promoting the creation of the creative and creative labor movement. activities of initiatives, promoting the publication, disseminism, widespread adoption of initiatives that bring practical benefits to societies created by the State of Investment, the physical means-engineering, purchased by the state ' s funding or being presided over by the capital. creating the initiative to contribute to society; organization of summertime, commendation of initiative activities throughout the country;

e) In coordination with the ministries, the industry, the People ' s Committee of the Provinces, the Central City of the Central Committee to implement the common measures of initiative stipulated at Article 14 of the Initiative Charter.

2. The Department of Science and Technology is responsible for implementing the following measures aimed at promoting the initiative activities under regulation at Article 14 and Article 15 of the Initiative Charter:

a) Staff to the People ' s Committee of the Provinces, the Central City of the Central Committee to enact detailed regulatory legislation and guidelines for the implementation of the Initiative Charter for implementation of the local implementation;

b) Proclamation, dissembling and organizational implementation of the provisions of the law on the initiative;

c) In coordination with the agencies, the related organization conducts the necessary measures to dissemine initiative, which encourages the local creative labor competition movement under regulation at Article 14 and paragraph 1, paragraph 2 Article 15 of the Initiative Charter;

d) presided over, in collaboration with the Society/Union of Local Science and Engineering Society (if present), the Labour Federation, the Communist Youth League of Ho Chi Minh and the departments, Ban, the local sector organizing a total of local initiative activities by regulation at the meeting. point b paragraph 3 Article 15 of the Initiative Charter;

) Review, the decision to approve of the recognition of the initiative created by the State of the Cost of Investing, the physical means-the technology that the author is the head of the facility is required to recognize the initiative by regulation at the point b 4 Article 7 of the The rules of the Initiative;

e) The author conducts the registered procedure for establishing industrial ownership over solutions that are likely to be protected for industrial ownership;

g) Consulting, support for providing information to the initiatives authors initiative in the creation, initiative completion and initiative initiative, guidelines for the application of the initiative to recognize the initiative on the basis of the initiative author;

h) The annual periodic report for the Ministry of Science and Technology (through the Department of Intellecintelligence Property) and the Provincial People's Committee on the recognition of recognition, disseminology, and adoption of local initiatives (according to the prescribed form at Annex V issued by this message).

3. The ministries, peer agencies, government agencies, the Union of Vietnamese Science and Engineering Society, the Vietnam Labor Federation, the Communist Youth League of Vietnam, the Ho Chi Minh Communist Youth League are responsible for reporting by a yearly periodically for the Ministry of Science and Technology. art (through the Bureau of Intellectual Property) on the situation of recognition, disseminalization, initiative adoption, information about measures that encourage initiatives to operate in the field of management assigned (in accordance with the prescribed form at Annex VI).

What? 13. Resolve dispute, complaint, denounce

1. The rights disputes and obligations of the author ' s initiative, the participant to adopt the first initiative, the initiative to create initiative, the facility is required to recognize the initiative, the basis for the transfer of the initiative to be resolved under the rule of law. the law of civil proceedings.

2. For decisions by the state governing body and the conduct of the cadres, the public violation of the state management regulations on initiative activities, the complaint, denounce and resolve of the complaint, the denounce is done according to the law of the complaint of the complaint. Patience, denounce.

What? 14. Effect of execution

It has been in effect since 25 September 2013.

In the implementation process, if there is an offer to reflect on the Ministry of Science and Technology to study, modify, complement the ./.

Minister.

(signed)

Nguyen Quan