What does the application for requesting the issuance of an industrial property assessor card include? What are the conditions for individuals to be issued with an industrial property assessor card in Vietnam?
Vietnam: What does the application for requesting the issuance of an industrial property assessor card include?
Based on the regulations in Clause 2 Section III of Circular 01/2008/TT-BKHCN as amended by Clause 4 Article 2 of Circular 18/2011/TT-BKHCN, the application for requesting the issuance of an industrial property assessor card includes:
- 02 Application forms for the issuance of an assessor card, following the template specified in Appendix II issued with Circular 18/2011/TT-BKHCN;
- A copy of the Certificate of Eligibility for Business Conduct as an Industrial Property assessor issued by the Chairman of the Examination Council as specified in Point c Clause 6 Section II issued with Circular 01/2008/TT-BKHCN;
- A copy of the Identity Card;
- 02 photos 3x4 cm;
- A copy of the fee and charge payment receipt (in case of fee, charge payment via postal service or direct payment to the Intellectual Property Office's account).
What does the application for requesting the issuance of an industrial property assessor card include? What are the conditions for individuals to be issued with an industrial property assessor card in Vietnam?
What are the conditions for individuals to be issued with an industrial property assessor card in Vietnam?
Based on the regulations in Clause 3 Article 201 of the 2005 Intellectual Property Law as amended by Clause 26 Article 1 of the 2009 Amended Intellectual Property Law, the regulations are as follows:
Intellectual property inspection
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3. An individual meeting the following conditions may be granted an intellectual property assessor card by a competent state agency:
a) Is a Vietnamese citizen with full civil act capacity;
b) Permanently resides in Vietnam;
c) Has good moral character;
d) Holds a university degree or higher in a relevant specialization, has had at least five years of practical professional experience in that field, and meets the professional testing requirements for inspection.
4. Competent state agencies handling intellectual property rights infringements have the authority to request intellectual property inspection when resolving the cases they are handling.
5. Intellectual property rights holders and related organizations and individuals have the right to request intellectual property inspection to protect their legitimate rights and interests.
6. The Government of Vietnam stipulates specific regulations on the organization and operation of intellectual property inspection.
Accordingly, an individual is issued with an industrial property assessor card when they meet all the following conditions:
- Is a Vietnamese citizen with full civil act capacity;
- Permanently resides in Vietnam;
- Has good moral character;
- Holds a university degree or higher in a relevant specialization, has had at least five years of practical professional experience in that field, and meets the professional testing requirements for inspection.
Refer to specific guidelines on the conditions for being issued with an industrial property assessor card in Subsection 2 Section 1 of Circular 01/2008/TT-BKHCN as amended by Clause 2 Article 1 of Circular 04/2012/TT-BKHCN.
What are the penalties imposed upon assessors for intentionally giving false inspection conclusions in Vietnam?
Based on the regulations in Clause 4 Article 8 of Decree 99/2013/ND-CP as amended by Clause 8 Article 1 of Decree 126/2021/ND-CP, the regulations on violations in industrial property inspection are as follows:
Violations in industrial property inspection
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4. A fine ranging from 30,000,000 VND to 60,000,000 VND for any of the following acts:
a) Exploiting the status of assessor and inspection activities for personal gain;
b) Intentionally providing false inspection conclusions;
c) Unauthorized modification, erasure, or other acts that alter the inspection document;
d) Providing false information to competent state agencies during the registration of inspection professional qualification, request for an assessor card, or request for the recognition of an industrial property inspection organization;
dd) Conducting inspections in cases where inspection should be refused according to law.
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6. Remedial measures:
a) Surrendering the assessor card, certificate of eligibility for inspection activities, or altered inspection document to the competent authority that issued these documents, in the case of violations specified in Clause 2, Point c Clause 4 of this Article;
b) Surrendering illegal profits obtained from the violations specified in Point a Clause 4 of this Article.
Accordingly, assessors who intentionally provide false inspection conclusions may face administrative penalties ranging from a fine of 30,000,000 VND to 60,000,000 VND.
Note: The above fine amounts are for individual violations. For the same administrative violation, the fine for organizations is twice that for individuals (Clause 1 Article 2 of Decree 99/2013/ND-CP).
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