MINISTRY OF SCIENCE AND
THE SOCIALIST REPUBLIC OF VIETNAM
TECHNOLOGY
Independence - Freedom – Happiness
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REGULATION
ON ORGANIZATION AND OPERATION OF
NATIONAL OFFICE OF INTELLECTUAL PROPERTY OF VIETNAM
(Issued enclosed herewith Decision No 14/2004/QD-BKHCN dated June 25, 2004 by the Minister of
Science and Technology)
CHAPTER I
FUNCTIONS, TASKS AND RIGHTS
Article 1. Position and functions
1.
The National Office of Intellectual Property of Vietnam is an agency under the Ministry of
Science and Technology, which fulfill State management functions and ensure administrative
activities of intellectual property as regulated in Article 1 and clause 6 Article 2 of Decree No
54/2003/NĐ-CP dated May 19, 2003 by the Government on regulating functions, tasks, rights and
organizational mechanism of the Ministry of Science and Technology, which is amended and
supplemented in Article 1 clause 3 of Decree No 28/2004/NĐ-CP dated January 16, 2004 by the
Government on amending and supplementing some articles of Decree No 54/2003/NĐ-CP.
2.
The Office has its legal status, own stamp and accounts of domestic currency and foreign currency
at the State Treasury or Bank to operate and carry out transactions as regulated by laws.
3.
In international transactions, the Office has its English name of National Office of Intellectual
Property of Vietnam, abbreviated as "NOIP".
4.
The Office has its head office located in Hanoi and can have its Representative offices in some
localities.
Article 2. Tasks and rights
1.
Elaborating to submit to the Minister strategies, development planning, 5-years and annual plans,
programs and projects relating to the development of intellectual property system nationwide;
2.
Presiding, in coordination with relevant agencies, to develop for the Minister to submit to State
authorized agencies to issue and issue, according to the delegated authority, legal and regulatory
documents, mechanisms and policies relating to intellectual property;
3.
Organizing the implementation of legal and regulatory documents, strategies, planning, plans,
programs and projects on intellectual property after they are approved or issued;
4.
Coordinating with relevant agencies to carry out checking of documents and regulations issued by
Ministries, branches and localities and propose to authorized agencies the amendment, postpone or
cancellation of regulations against laws on intellectual property;
5.
Issuing documents guiding on intellectual property profession and skills, developing to submit to
the Minister to issue forms, certificates, licenses, regulations and standards relating to the
authentication of intellectual property rights as well as other targets of intellectual property
appropriate with legal regulations;
6.
Carrying out procedures on establishing industrial property rights as regulated by laws;
7.
Carrying out maintaining, renewing and transferring procedures relating to industrial property
rights as regulated by laws;
8.
Taking, according to the delegated authority, measures to protect legal rights of the State,
organizations and individuals in intellectual property field; coordinating with relevant agencies and
organizations to take measures in order to protect intellectual property rights and ensure that legal
regulations on intellectual property are strictly observed;
9.
Guiding intellectual skills for intellectual property management agencies under Ministries,
branches, localities and units;
10. Guiding and checking the legal implementation in terms of intellectual property of agencies,
organizations and individuals, assigned by the Minister;
11.
Establishing to submit the Minister measures to promote initiative and creative activities
nationwide; organizing the implementation of initiative and creative related activities assigned by
the Minister;
12. Coordinating the implementation of international cooperation activities of intellectual property;
participating in the development and negotiation to sign and enter international treaties and
organizations of intellectual property;
13. Developing, managing and organizing the exploitation of databases of intellectual property
information; ensure intellectual property information for State management activities, profession,
skills, scientific research and technological development, production and business; announcing
information relating to intellectual property rights which are protected in Vietnam;
14. Coordinating with relevant agencies to carry out activities of propaganda, popularization and
education of laws on intellectual property;
15. Organizing the training and scientific research activities of intellectual property;
16. Checking professional activities and the implementation of legal regulations of associations and
non-organizations on intellectual property assigned by the Minister; receiving and processing
complaints and proposing measures to handle legal violations on intellectual property of these
organizations in order to improve and develop intellectual property activities;
17. Within the delegated authority, settling or participate in the settlement of intellectual property
disputes; carrying out legal appraisal and examination for the settlement of disputes of intellectual
property violations;
18. Managing the organization, officials, permanent staff and contracted staff, assets and documents of
the Office as regulated by laws and according to the Minister’s delegated authority.
19. Carrying out other tasks assigned by the Minister;
CHAPTER II
ORGANIZATIONAL MECHANISM AND PERSONNEL
Article 3. The organizational mechanism
1.
The Office’s leaders
The Office’s leaders are Director and Vice Directors, who are appointed by the Minister.
The Director manages the Office's activities according to a mechanism in which the leadership
integrates with collective discussion, is responsible to the Minister for the Department's entire
organization and operation.
Vice Directors are the people who assist the Director, responsible to the Director and laws for
fulfilling assigned tasks.
In case the Director is absent, one Vice Director is authorized to manage and deal with the
Office’s work on behalf of the Director.
2.
The Office’s management mechanism
The Office’s management mechanism includes units and departments which fulfill State management
functions and ensure administrative activities of intellectual property.
a/ State management units and departments consist of:
- The Office;
- Department of Organization and Personnel;
- Registration Department;
- Legal and Policy Department;
- International Cooperation Department;
- Department of Enforcement and Complaint Settlement;
- Information Technology Department;
- Representative office in Ho Chi Minh City;
- Representative office in Danang City.
b/ Units and departments which fulfill administrative activities for State management of intellectual
property include:
- Invention Department No 1;
- Invention Department No 2;
- Invention Department No 3;
- Industrial Design Department;
- Goods Trademark Department No 1;
- Goods Trademark Department No 2;
- Research and Training Center;
- Information Center;
- Supports and Consulting Center.
Heads of the Office's units and departments are appointed and dismissed by the Director according to
the delegated authority assigned by the Minister.
The Director is responsible for stipulating functions, tasks, organization and operation of the units and
departments under the Office.
Article 4. Labour
Human resources of the Office consist of:
a) Permanent staff assigned by the Ministry;
b)
Staff working with labour contracts as regulated by the Labour Code, which are
appropriate with the Office's work requirements and financial sources;
c) Collaborators.
The National Office of Intellectual Property follows regulations of employee management, pays salary,
wages and other benefits, implement social and health care insurance schemes for permanent staff,
contracted staff and those who sign labour contracts with the Office according to State and Ministry's
exiting regulations.
CHAPTER III
FINANCIAL MANAGEMENT
Article 5. Financial activities
1. The National Office of Intellectual Property's financial sources include:
a) Allocated State budget;
b) Fees, charges which is kept apart after being contributed to the State budget as
regulated;
c) Income from contracts on public services;
d) Aids of domestic and foreign individuals and organizations.
2. Expenses include:
a)
Payments for regular activities according to functions and tasks assigned by the
authorized level;
b)
Payments for service supply;
c)
Payments for labour hiring; ;
d)
Other expenses as regulated.
Article 6. Financial management
The Director is responsible for managing and efficiently using the Office's financial sources
and applies the accounting mechanism according to State existing regulations.
CHAPTER IV
WORKING RELATIONS
Article 7. Leadership relations and checking
1. The National Office of Intellectual Property is under the direct supervision of the Minister of
Science and Technology and under the control of State management agencies and consulting agencies,
which assist the Minister of Science and Technology.
2. The Director of National Office of Intellectual Property manages the Office's entire activities based
on the Regulation on Organization and Operation of the Office; follows the working regulations and
relations with leaders of agencies under the Ministry according to the Ministry's working regulations
and other regulations issued by the Minister.
Article 8. Coordination relations
1.
The National Office of Intellectual Property is responsible for closely coordinating with
science and technology management agencies of Ministries and branches, Science and
Technology Departments of localities and other organizations relating to the
implementation of assigned tasks.
2.
The National Office of Intellectual Property has coordination relations with relevant law
protection agencies in order to ensure the enforcement and handling of actions which
violates intellectual property.
CHAPTER V
IMPLEMENTATION PROVISIONS
Article 9. The Director of National Office of Intellectual Property is in coordination with the Director
of Department of Organization and Personnel to implement this Regulation.
Article 10. The amendment and supplementation of this Regulation is carried out by the
Director of National Office of Intellectual Property in coordination with the Director of Department of
Organization and Personnel to submit to the Minister of Science and Technology for review and
approval.
MINISTER OF
SCIENCE AND TECHNOLOGY
(signed)
HOANG VAN PHONG