The DECISION of the CHAIRMAN of the STATE SCIENCE COMMISSION issued a regulation on industrial property representative CHAIRMAN of the STATE SCIENCE COMMISSION pursuant Article 21 Ordinance for protection of industrial property rights was published by order of 13/LCT-HĐNN on 11-02-1989;
Pursuant to article 8 of Decree 84/dated 20 March 1990 of the Council of Ministers on the amendment and supplement of the technical innovations rationalize production and invention, the Charter on trademark, regulation on industrial designs, rules for useful solutions in order to enforce the Ordinance on protection of industrial property rights;
The base rules for organization and activities of the scientific and Technical Committee (now the State Science Commission) attached to Decree No. 192/CP on 13-10-1975 Council of Government;
At the suggestion of Director patent decision: article 1. Attached to this decision: "regulation on industrial property representative".
Article 2. This provision applies only to the representation before the patent Department of the State Science Commission in active protection of industrial property rights.
Article 3. The organization is active as an industrial property agent would like to continue to do industrial property representative must implement fully the provisions of the "regulations on industrial property representative".
In the meantime the certification of industrial property representative, the above mentioned organization still be temporary made operation of the industrial property agent with the conditions that apply to organizations as representatives of industrial property within three months after the signing of this decision.
Article 4. This decision is effective from the date of signing.
 
REGULATIONS on INDUSTRIAL PROPERTY REPRESENTATIVE (attached to decision No. 309/QD on 12-6-1990 Chairman of the Scientific Committee of State) article 1. Standards of The industrial property agent 1. The representative is held, the individual meets the requirements below and is patent in the State Science Commission certification of industrial property representative.
a. for individuals:-the citizenship of the Socialist Republic of Vietnam;
-Resident in the Republic of Vietnam Socialist;
-Has graduated from college;
-Graduated a training course about ALL MATTER in the country or abroad are accepted Patent Bureau;
-Meet the requirements in ALL MATTER professional test due to Patent Bureau organization.
b. for organizations:-legal person Is Vietnam;
-Representative activity not contrary to the Charter and decided to establish the Organization's activities;
-Have at least one Member satisfying the requirements specified in paragraph a above.
2. the officers of the Bureau of patents are directly related to the receipt of the petition for protection, tests and issuing of protection was not as representative or direct membership activity representative of representative organizations.
Article 2. The procedure of recognition of industrial property representative.
1. organizations and individuals who want to make The representative to file for patent applicants Who make representative accompanied the materials below: a. for individuals:-a copy of university diploma;
-A copy of graduation certificate for training on ALL MATTER;
b. for organizations:-a copy of the decision and the Charter of the Organization's activities;
-A copy of university diploma and a copy of graduation certificate for training on ALL MATTER of each member directly perform operations representative;
2. The application representative must be made according to the model in annex 1 and 2 attached to this regulation.
3. within 1 month from the date of receiving The application, the Patent Bureau representative to review and decide to accept or not accept the application. If accepted, the Patent Bureau held check PRICE LIST for services to the applicant and based on the test results determine the certification of The representative. If not accepted, the Patent Bureau informs the applicant stating the reason.
Article 3. Operations, powers and duties of The representative.
1. The representative on behalf of the Organization, individuals in foreign countries and make the procedure before the Patent Bureau aimed at establishment and protection of rights of ALL MATTER in Vietnam.
2. When implementing activities representative, the representative must have the authorization of the organization or individual authorisation.
In the paper the authorization must be authenticated by the competent authorities.
3. The representative made the rights and obligations of the Organization, individuals authorized to the extent authorized and not be authoritative for others.
When representing the Organization, individuals often stay, based or representative offices in Vietnam, the Who representative does not have the right to withdraw the petition for protection PRICE LIST object, the request to terminate the validity of the qualification period protection PRICE LIST and withdraw the complaint if the authoritative paper in not otherwise specified.
When done right to complain before the Patent Bureau, the representative was not the complaining party representation and the home side is the degree of protection, is the applicant or the author.
4. The representative is obliged to keep the documents secret was given regarding his representative work.
The representative is subject to the periodic inspection (2 years) of the Bureau of patents of ALL MATTER.
The representative must pay the fee prescribed in Appendix 3 attached to this regulation. The Patent Bureau Chief may decide to modify the fee table in annex 3 according to the actual situation after consultation of the Chairman of the Scientific Committee of the State.
The representative must notify the Patent Bureau and the level of fees for the service representative. To protect the interests of the people and the State's representative, in case of need the Patent Bureau Director can review and assign the account fees and minimum fee levels for The representative.
Article 4. The representative noted the book.
The Patent Bureau established the registry received The representative of which record the name, residence or seat of the person represented, list of members of representative organizations directly implement activities PRICE LIST, the number and date of issue of the certificate of The representative and the relevant changes.
Article 5. Revocation of the certificate of The representative, delete the name of the members of The representative.
1. Director patent decision cancelling the certificate Who is personal representative at the request of that person or if the person belongs to one of the following cases: a-Dying, being the Court of claims are missing, do not have the capability or behavior behaviour have the capacity limitations.
b-Being the Court of prosecution under the criminal code and the trial have judgment.
c-is no longer a citizen of Vietnam or no longer resident on the territory of Vietnam.
d-dishonest while doing the procedure of recognition of The representative.
e-did not perform the duties of The representative specified in paragraph 4 of article 3.
f-no reaching required in States periodically check PRICE LIST for services referred to in paragraph 4 of article 3.
g-Had serious flaws in the work represented more than 2 times.
2. the Director of the patent Department of the decision to cancel the certificate of The representative is held at the request of the organization or if the organization which belongs to one of the following cases: a-no longer satisfy one of the requirements specified in section b paragraph 1 article 1.
b-did not perform the duties of The representative specified in paragraph 4 of article 3.
c-all members directly perform operations representative is deleted the name as defined in paragraph 3 below.

3-Director patent decision clearing member name directly implement activities representative of your organization at the request of the organization or if the members that belong to one of the items in paragraph 1 above.
4-In the decisions prescribed in clause 1, 2, 3 on Director patent specify the time limit after which the organizations or individuals listed in the decision may apply as the representative or be put on the list of members directly perform operations representative of representative organizations.
Article 6. Complaints, complaint resolution.
Every organization or individual has the right to complain to the Director of patent decisions concerning The representative stated in paragraph 3 article 2, paragraphs 1, 2, 3 article 5.
The Patent Bureau Director is responsible for resolving the complaint mentioned above. If the complainant does not agree with the decision of the Director of the patent shall have the right to complain to the Chairman of the Scientific Committee of the State. The decision of the Chairman of the Scientific Committee of the State is the final decision.
 
APPENDIX 1 (attachment to a regulation on The representative) (application form for personal use) of the SOCIALIST REPUBLIC of VIETNAM independence-freedom-happiness APPLICATION INDUSTRIAL PROPERTY REPRESENTATIVE Dear Director patent-Scientific Committee recommended the State certification of The representative for : full name: born on ... month ... year ...
Identification number: permanent address: Where the work (if any).
A graduate of the school.....................................................................
Graduate training of ALL MATTER from day ... month ... year ... come on ..., ... in ... Tại:.........................
Attached documents: 1. A copy of university diploma (1 a).
2. A copy of the certificate of the training course on the PRICE LIST (1) 3. Submit the application fee receipt.
Day ... month ... year ...
The applicants (signed) certificate of communes, wards and towns in place of permanent residence of the applicants: certified by the Agency where the person doing the work menu (if available): APPENDIX 2 (attachment to a regulation on The representative) (application form for organization) of the SOCIALIST REPUBLIC of VIETNAM independence-freedom-happiness APPLICATION INDUSTRIAL PROPERTY REPRESENTATIVE dear : Chief Patent-Scientific Committee recommended the State certification of The representative for: (name of organization) under the Ministry, or province, City: address:.............................................:..........................................
Direct members to perform the activity of representative institutions: 1. Full name: born on ... month ... year ...
ID number: permanent address: graduate school:..................................:.......................
Graduate training of ALL MATTER from day ... month ... year ... come on ... month ... year ... at:...................................
2. Họ tên:..........................
Attached documents: 1. A copy of the decision to establish the Organization (1) 2. A copy of the Charter of the Organization (1) 3. A copy of university diploma members (each Member 1) 4. A copy of the certificate of graduate training on ALL MATTER (each Member 1).
5. application fee receipt.
Day ... month ... year ...
The heads of the Organization (signature and stamp) ANNEX 3 the FEES RELATED to the REPRESENTATIVE ACTIVITIES 1. Fee: STT charges fees (SG) deadline 1 application fee please do a representative. for individuals b. for 20,000.00 40,000.00 organization Filed together with the application for representative 2 Professional examination fees of industrial property (for each test participant) 300,000.00 message Submission check of the Patent Bureau.



3 the fee for certification of industrial property agent a. individual b. for 100,000.00 300,000.00 organization Filed upon the certificate of The representative 4 periodic inspection fee on ALL MATTER 150,000.00 message Submission check of the Patent Bureau.


2. The fees specified in the table above may submit fees in cash, by check, or money orders to the following address: patent PATENT 96-98 Nguyen Trai, Hanoi account number: 931-140 patent branch the State Treasury District 3. The time of the filing fees are determined according to the date of money transfer receipt at the post office, in payment receipts, cheques in the Patent Bureau or at the Bank.