CIRCULAR guide the granting, revoking your property appraiser Card and certificate of qualified organizations operate industrial property examiner pursuant to Decree No. 54/2003/ND-CP dated 19 May 2003 from the Government functions, tasks, powers and organizational structure of the Ministry of science and technology and the Decree No. 28/2004/ND-CP on November 16 1, 2004 by the Government on the amendments and supplements to some articles of Decree No. 54/2003/ND-CP;
Pursuant to Decree No. 105/2006/ND-CP of September 22, 2006 the Government detailing and guiding the implementation of some articles of the law on the protection of intellectual property the intellectual property rights and state management of intellectual property;
The Ministry of science and technology of the guide levels, withdraw the card assessor property industry and organization certificates of eligibility assessment activities on the rights of industrial property (hereinafter referred to as "industrial property examiner") as follows: i. the CONDITIONS and FORMS of ACTIVITIES of INDUSTRIAL INSPECTION 1. The specialized expertise of industrial property field examiner industrial property specified in point b of paragraph 2 Article 39 of Decree No. 105/2006/ND-CP comprises the following specialisations: a) the patent examiner and the design of semiconductor integrated circuit layout;
b) industrial design examiners;
c) examiner of trademarks and geographical indications;
d) examiner the other industrial property rights.
2. the conditions for granting the card industrial property appraiser the conditions to card assessor of industrial property (hereinafter referred to as "the card assessor") specified in paragraph 3 Article 44 of Decree No. 105/2006/ND-CP be understood as follows: a) the condition that the University level in the field of evaluation is understood to have graduated from University or graduate school departments Engineering, physical sciences, chemistry or biology for patent examiners and specialized design of semiconductor integrated circuit layout; have a graduate or postgraduate study in any sector for the specialized expertise.
b) conditions of moral qualities are interpreted as not yet dealt with administrative violations due to violation of the law of industrial property or of violations of professional ethics and not suffer prejudice criminal responsibility or was convicted but not yet deleted projects.
c) conditions of professional qualification in industrial property is understood to be the certification of qualified professional appraiser do industrial property as defined in paragraph 6 c section II of this circular.
3. Operational conditions for organizing inspections of industrial property organizations of science and technology, businesses are operating industrial property examiner when meets the conditions specified in paragraph 2 and paragraph 3 Article 42 of Decree No. 105/2006/ND-CP, in which "the business registration license , practice inspections under the current law "is the certificate of eligibility organizations operate industrial property examiner is granted according to the procedure defined in paragraph 3 of section IV of this circular (hereinafter called" certificate authorities ").
4. Active form of industrial property examiner card personal assessor only selected one of the two forms of the activity specified in clause 1 Article 44 of Decree No. 105/2006/ND-CP. Individual cases select the active form under the name of organization of industrial property assessment, the assessor must be recorded on the list of assessor in the organized according to the procedure of certification authorities and the active form that is recorded on a list of industrial property assessor the provisions in paragraph 6 of section III of this circular.
II. PROFESSIONAL INSPECTION INSPECTIONS Of INDUSTRIAL PROPERTY 1. Test content and audience are professional inspection inspections free of industrial property a) content of the professional inspection inspections specified in point d of paragraph 3 Article 44 of Decree No. 105/2006/ND-CP include subjects of industrial property law and specialised expertise.
b) Subjects of industrial property law is content test mandatory for all specialized expertise.
Who have at least 15 years of continuous work drafting and guiding the implementation of legal documents on industrial property examiner, industrial property, dispute resolution, complaints, accusations, Inspector of industrial property at the State Agency on industrial property research, teaching, the law on industrial property in research and training organization was established and legitimate operations shall be exempt from the test subjects of industrial property law.
c) specialised inspection including patent examiner (including helpful solutions) and integrated circuit layout designs, industrial design examiner, examiner of trademarks and geographical indications (including the designation of origin of the goods) and other industrial property rights are content checked for specialized expertise.
Who have at least 15 years of continuous work to explain and guide the implementation of the legal provisions, building regulation, directly implement or review of evaluation results (tests) patent application content (including helpful solutions), the industrial design registration, trademark application or registration form geographical indications (including the designation of origin turns) in the industrial property authorities of the country or internationally, then be free to check the corresponding assessment specialist.
2. professional examination Board of Examiners of industrial property a) to the Minister of science and technology decision-making Council professional assessment examination of industrial property (hereinafter called "the Council") on the basis of the proposal of the Director General on intellectual property. Chairman of the Board check is Director of the Bureau of intellectual property; members of the Board examined include those who have the experience and reputation of expertise in the field of industrial property.
b) test Board has the task of building the Bank of issue of the test (including answers and score), the Organization of the examination and evaluation of test results according to the provisions in clause 3, 5 and 6 of section II of this circular.
c) test Board used seal of intellectual property Bureau to serve professional assessment examination of industrial property.
d) intellectual property Bureau is the Agency's inspection Council, have the duty prescribed in clause 3 and clause 5 section II of this circular and other duties as assigned by the President of the Council to check.
3. Inspect a) intellectual property Bureau announced on the website of the intellectual property Bureau and on a central's daily newspapers in the three consecutive number on the Organization of the Professional Test examiners of industrial property, which stated the conditions attending the test procedure of submission, content checking, time, location, check.
b) examination to be held within a period of 3 months from the date of at least 5 people who register to check registration records have been accepted under the provisions of art. 5 section II of this circular.
c test) by the President of the Council examined a random selection from the Bank proposed the test specified in point b of paragraph 2 of section II of this circular.
4. registration records check registration records check includes the following documents: a) declarations registered professional assessment examination of industrial property, to follow the form prescribed in annex I of this circular;
b) copy (with proof) with graduate or postgraduate study;
c) verification the process of the work, if the registration check request are exempt from the test subjects stated at point b and point c of paragraph 1 of section II of this circular (due to the Agency, the organization where the person that has the work level);
d) 2 Photo 3 x 4 cm size;
DD) certificate from the filing fees.
5. jurisdiction and procedure reviewing registration records check intellectual Bureau as receiving agency registration records check. Within 15 days from the receipt of intellectual property, the Department is responsible for the review of records according to the following rules: a) case records have sufficient material specified in paragraph 4 of section II of this circular and the Registrant meets the eligibility to attend check , Director of intellectual acceptance of notification records, which stated the test plan has been determined or yet to be determined because not enough people register for the test prescribed in point b of paragraph 3 of section II of this circular.
b) where records are flawed or the registrant does not meet the eligibility to attend the test, Chief intellectual property notice intended to refuse to accept the profile, which stated the reason for the fixed term and 1 month from the date of notification to the register fixing omissions or comments. When the time limit has determined that the registrant does not fix the flaws or shortcomings does not meet the requirements, no opposing opinions or comments opposing but not accurate then the Chief intellectual of notification officially refused to accept resumes, which stated the reason for rejection.
6. Evaluate the test results a) tests by the Board to check the grading according to and scale of the problem. Test results by the Chairman of the Board approved examination.
b) Who reached checkpoints from normal or are exempt from the test subjects for examination shall be considered satisfactory for that test subjects.
c) within 2 months from the date the test organization, President of the Council informed check test results for test participants and certification of qualified professional appraiser do industrial property according to the form prescribed in annex V of this circular to those who meet the requirements for all subjects test , which clearly specialized expertise corresponds to the test subjects and fixing the time limit for the value of the certificate (do the filing document request the examiner staff Card) is 1 year from the date of issue.
d) within 15 days from the date of notification test results, the test participants have the right to request the Council to check welfare investigation tests and must file charges blesses investigation according to the provisions. The Gospel is done in test dotted the principle test dotted.
III. JURISDICTION, PROCEDURES, RECOVERY OF THE EXAMINER STAFF CARD

1. The authority level, level back, withdraw the card appraiser, created and published a list of industrial property appraiser Chief intellectual authorities, grant, revoke the card appraiser, created and published a list of industrial property assessor under the procedure defined in paragraph 3 , 4, 5 and 6 of section III of this circular.
Intellectual property Bureau is the Agency to receive and review the records request, grant, revoke the card assessor under the provisions of clause 2, 3 and 4 of section III of this circular.
2. The records request Cards assessor records request appraiser Card includes the following documents: a) declarations require level assessor Cards, follow the form prescribed in annex II of this circular;
b) the original or a copy of the certificate of qualified professional appraiser do industrial property by the Chairman of the Board-level testing as specified in point c of paragraph 6 of section II of this circular;
c) certified Paper copies;
d) 2 Photo 3 x 4 cm size;
DD) certificate from the filing fees.
3. the assessor card procedure within 1 month from the date of receipt, the intellectual property Department to review records under the provisions of the following: a) case profile meets the provisions in paragraph 2 of section III of this circular and the applicants satisfy the conditions specified in paragraph 2 of section I of this circular , Chief intellectual property examiner card decision, stating the full name, permanent address, identity and specialized expertise of the person who issued the card. b) case records are missing or who requires level appraiser Card does not meet the conditions specified in paragraph 2 of section I of this circular , Director of intellectual property notice intended to refuse to accept the profile, which stated the reason for the fixed term and 1 month from the date of notification to the person requesting the card appraiser shortcomings or comments. When the time limit has determined that the person requesting the card appraiser does not fix the flaws or shortcomings does not meet the requirements, no opposing opinions or comments opposing but not accurate then the Chief intellectual decision to refuse to grant the card assessor , which stated the reason for rejection.
c) assessor Cards are made according to the form prescribed in annex IV of this circular.
4. Reissuance assessor a) at the request of the assessor, the Chief intellectual decision card appraiser in case of card loss assessor, faulty, damaged (torn, dirty, faded ...) to the extent not used; or there is a change in the information that has been recorded in the inspection Card members as defined in point a of paragraph 3 of section III of this circular.
b) assessor is obliged to ask the Bureau of intellectual property appraiser card to record the change referred to in point a above.
c) specified in paragraph 2 and paragraph 3 of section III of this circular also applies with respect to reissuance procedures assessor; private intellectual property Bureau term considering the record is 15 days from the date of receipt.
d) in the case of card appraiser fails due to intellectual property Bureau, intellectual property Bureau is responsible for the free card within 5 days of receipt of the request of the person who issued the card. Appraiser Card recovery Chief intellectual decision to revoke the card appraiser in the following cases: a) Having the evidence confirms that the assessor Cards are issued contrary to the provisions of the law;
b) Who issued the card assessor no longer meets the conditions specified in paragraph 3 Article 44 of Decree No. 105/2006/ND-CP and clause 2 of section I of this circular;
c) Who issued the card appraiser was competent bodies deprived of the right to use the card appraiser is not the deadline prescribed in clause 2 article 8 of Decree No. 106/2006/ND-CP of September 22, 2006 the Government of sanctioning administrative violations of industrial property;
d) Who issued the card appraiser to abandon operations expertise.
6. Establish and publish a list of industrial property assessor, notice of change of information relating to assessor Card a) intellectual property Bureau established a list of industrial property assessor, recorded, delete the name of assessor assessor list of industrial property under the decision to grant Refresh, recovery of the card, the assessor noted active form of the assessor with suitable authorities list of industrial property specified in point 6 of section IV of this circular. Assessor listing of industrial property published on the Official Gazette of industrial property and on the website of the Department of the same intellectual authorities list of industrial property mentioned above.
b) intellectual property Bureau to notify the Department of science and technology information on changes related to the assessor's Card the appraiser works for organizing inspections of industrial property to their respective local staff level, level back and revoke the certificate in local authorities.
IV. Jurisdiction, PROCEDURES, REVOKING The CERTIFICATE AUTHORITIES 1. Issued, reissued, revoke the certificate authorities, establish and publicize a list of authorities of industrial property a) Director General intellectual authorities, grant, revoke the certificate authorities, establish and publicize a list of authorities of industrial property under the procedure defined in paragraph 3 the 4, 5 and 6, section IV of this circular for registration organizations of science and technology in the Ministry of science and technology.
b) Director of the Department of science and technology authorities, grant, revoke the certificate authorities under the procedure defined in paragraph 3, 4 and 5 section IV of this circular for registration organizations of science and technology at the Department of science and technology.
c) intellectual property Bureau, Department of science and technology is receiving and reviewing records requested certification authorities according to the corresponding jurisdiction specified in point a and point b on here.
2. The records required certification authorities requested records certification authorities includes the following documents: a) declarations require certification authorities, follow the form prescribed in Appendix III of this circular;
b) copy (certificate available) Paper sign science and technology activities specified in point b of paragraph 3 Article 42 of Decree No. 105/2006/ND-CP;
c) copy (with proof) decided to recruit or employment contract between Organization and assessor of industrial activity for the Organization;
d) certificate from filing fees.
3. The procedure of certification authorities within a period of 1 month from the date of receipt, the intellectual property Bureau, Department of science and technology review under the provisions of the following: a) case profile meets the provisions in paragraph 2 of section IV of this circular and the organization meets the conditions specified in paragraph 3 of section I of this circular , Director of intellectual property, Director of the Department of science and technology, a decision the certification authorities, which clearly your full name, trading name, address of the Organization and the specialized expertise of the respective organization with a major assessment of the assessor in the Organization Appraiser list, industrial property is a member of the organization.
b) where records are flawed or organization does not meet the conditions specified in paragraph 3 of section I of this circular, the Director of intellectual property, Director of the Department of science and technology announced intention to reject records, which stated the reason for the fixed term and 1 month from the date of notification to organize submission of this page shortcomings or comments. When the time limit has determined that the Organization filing does not fix the flaws or shortcomings does not meet the requirements, no opposing opinions or comments opposing but not accurate, the Director of intellectual property, Director of the Department of science and technology, the decision to deny certification authorities , which stated the reason for rejection.
c) certificate authorities is made according to the model specified in annex VI of this circular.
4. Levels back inspection organization certificate a) at the request of the authorities, the Director of intellectual property, Director of the Department of science and technology decision-making levels back inspection organization certificate in case the certificate is lost, corrupted, damaged (torn, dirty, faded ...) to the extent not used; or there is a change in relation to the information that has been recorded in the certificate as defined in art. 3 section IV of this circular.
b) authorities have the obligation to do procedures require agencies have certification authorities certificate again to record the change referred to in point a of this paragraph.
c) prescribed in clause 2 and clause 3 of section IV of this circular also applies with regard to the procedure of reissuing certificate authorities; duration of own intellectual property Bureau, Department of science and technology considering the record is 15 days from the date of receipt.
d) in the case of certificate authorities failed due to intellectual property Bureau, Department of science and technology has issued a certificate, then the Agency was responsible for certification level certificate free of charge within 5 days from the receipt of the request of the authorities.
5. Revocation of certificate authorities Director of intellectual property, Director of the Department of science and technology, the decision to revoke the certificates of authorities in the following cases: a) Having the evidence confirms that the certificate was granted contrary to the provisions of the law;
b) organization no longer meets the conditions specified in paragraph 3 of section I of this circular;
c) organize inspection activity termination.
6. Establish and publish the list of authorities of industrial property, notices of change related to the certificate authorities

a) intellectual property Bureau established the list of organized industrial property examiner, noting, delete the name in the list of authorities organize inspections of industrial property under the decision issued, reissued, revoke the certificate authorities and published in the Official Gazette of industrial property , website of the Bureau of intellectual property.
b) Department of science and technology inform the intellectual property Bureau, all information about the grant, grant, revoke the certification authorities to serve the organization listed industrial property examiner referred to in point a of this paragraph.
V. ENFORCEMENT 1. The complaint, report complaints, complaint resolution; the report, addressed to report with regard to the violations of laws related to the implementation of the procedure, level back, withdraw the card appraiser, certificate authorities are performed in accordance with the law on complaints and denunciation.
2. The fees, submission, management and use of fees check the career service examination, evaluation, profile, card and certificate of inspection authorities specified in this circular are temporarily applied to the corresponding regulations for the service of industrial property agent in circular No. 132/2004/TT-BTC dated 30 December 2004 of the The Ministry of finance guidelines, submission, management and use of fees of industrial property until otherwise.
3. Effective enforcement of this circular have the effect after 15 days from the date The report.
In the process, if there are difficulties and obstacles, the proposal reflects on the Ministry of science and technology to research, resolve. /.