What documents are included in the application for the issuance of an industrial property assessor card? What is the declaration form for the issuance of the industrial property assessor card in Vietnam?
What is the form of the declaration for the issuance of an industrial property assessor card?
Below is the form of the declaration for the issuance of an industrial property assessor card.
Download the form of the declaration for the issuance of an industrial property assessor card here.
What documents are included in the application for the issuance of an industrial property assessor card? What is the declaration form for the issuance of the industrial property assessor card in Vietnam?
What documents are included in the application for the issuance of an industrial property assessor card in Vietnam?
As specified in Subsection 2, Section III of Circular 01/2008/TT-BKHCN amended by Clause 4, Article 2 of Circular 18/2011/TT-BKHCN providing guidelines for the authority, procedures of issuance, and revocation of inspector cards as follows:
Authority, procedures for issuance, and revocation of inspector cards
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2. Dossier for the issuance of the Inspector Card
The dossier for the issuance of the Inspector Card includes the following documents:
a) 02 Declarations for the issuance of the Inspector Card, made according to the form specified in Appendix II of this Circular;
b) A copy of the Certificate of Eligibility for Professional Practice as an Industrial Property Inspector issued by the Chairman of the Examination Council according to the regulation in point c, clause 6, Section II of this Circular;
c) A copy of the Identity Card;
d) 02 photographs of size 3x4 (cm);
đ) A copy of the fee and charge payment receipt (in case the payment was made via postal services or directly to the account of the Intellectual Property Office).
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Therefore, the dossier for the issuance of an industrial property assessor card includes:
- 02 Declarations for the issuance of the Inspector card.
- A copy of the Certificate of Eligibility for Professional Practice as an Industrial Property Inspector issued by the Chairman of the Examination Council according to the regulation in point c, clause 6, Section II of Circular 01/2008/TT-BKHCN.
- A copy of the Identity Card.
- 02 photographs of size 3x4 (cm).
- A copy of the fee and charge payment receipt (in case the payment was made via postal services or directly to the account of the Intellectual Property Office).
What is the penalty level for falsifying the content of the industrial property assessor card in Vietnam?
According to Article 8 of Decree 99/2013/ND-CP amended by Clause 8, Article 1 of Decree 126/2021/ND-CP, regulations on administrative penalties for violations concerning industrial property inspections are as follows:
Violations regarding industrial property inspections
1. A fine of between VND 1,500,000 and VND 3,000,000 shall be imposed for one of the following acts:
a) Violating the regulations on inspection procedures and processes, inspection time limits;
b) Failing to appear as summoned by the inspection authority without justifiable reasons, failing to explain inspection conclusions when requested by the inspection authority.
2. A fine of between VND 6,000,000 and VND 15,000,000 shall be imposed for acts of altering or falsifying the content of the inspector card, the certificate of eligibility for operation as an industrial property inspection organization.
3. A fine of between VND 15,000,000 and VND 30,000,000 shall be imposed for one of the following acts:
a) Conducting industrial property inspections without the necessary professional qualifications as required by law;
b) Disclosing confidential information known during the course of inspection without the consent of relevant parties;
c) Failing to establish inspection records, failing to preserve artifacts and documents related to the inspection case;
d) Using another person's industrial property assessor card or allowing another person to use one's own industrial property assessor card for professional practice.
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5. Additional penaltys:
Revocation of the inspector card or the certificate of eligibility for operation as an industrial property inspection organization from 01 month to 03 months for violations specified in Points a and b, Clause 4 of this Article.
6. Remedial measures:
a) Requiring the submission of the altered or falsified inspector card, certificate of eligibility for operation as an industrial property inspection organization, or industrial property inspection report to the authority or person that issued those documents for the violations specified in Clause 2, Point c, Clause 4 of this Article;
b) Requiring the return of illicit profits gained from the acts specified in Point a, Clause 4 of this Article.
The act of falsifying the content of the industrial property assessor card may result in an administrative fine ranging from VND 6,000,000 to VND 15,000,000.
In addition, the violator is required to return the inspector card, the certificate of eligibility for operation as an industrial property inspection organization, and the falsified industrial property inspection report to the authorities or individuals who issued these documents.
Note: The above penalty level applies to individuals. The penalty level for organizations is double that for individuals.
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