From June 25, 2022, will support for creative small and medium-sized enterprises in VIetnam granted patent protection?
By what criteria are innovative small and medium-sized enterprises in Vietnam defined?
Pursuant to Article 20 of Decree 80/2021/ND-CP stipulates as follows:
“Article 20. Criteria for determining innovative start-up small and medium enterprises
The innovative start-up small and medium-sized enterprises specified in Clause 2, Article 3 of the Law on Supporting Small and Medium Enterprises shall be determined according to one of the following criteria:
1. Producing and trading in products formed from inventions, utility solutions, industrial designs, design and layout of semiconductor integrated circuits, computer software, mobile phone applications, and computers. cloud, new livestock varieties, new plant varieties, new aquatic species, new forestry plant varieties.
2. Producing and trading in products created from pilot production projects, sample products and perfecting technology; produce and trade in products that have won prizes at national and international start-up and innovation competitions and awards in science and technology in accordance with the law on science and technology awards. turmeric.
3. Having a technological solution or a new business model capable of increasing the enterprise's revenue by at least 20% for 2 consecutive years on the basis of analysis of market share factors and product development capabilities. products, services and competitiveness of the enterprise.”
Thus, an enterprise with one of the above criteria is considered an innovative small and medium-sized enterprise.
From June 25, 2022, will support for creative small and medium-sized enterprises in Vietnam granted patent protection?
Will innovative small and medium-sized enterprises in Vietnam granted patent protection be supported?
Pursuant to Article 21 of Decree 80//2021/ND-CP stipulating the method of selecting innovative small and medium-sized enterprises to support as follows:
“Article 21. Methods of selecting innovative start-up small and medium enterprises to support
Based on the criteria specified in Article 20 of this Decree and the support conditions specified in Clause 1, Article 17 of the Law on Support for Small and Medium-sized Enterprises, the agency or organization supporting small and medium-sized enterprises selects the enterprise to operate. Support in one of the following ways:
1. Select enterprises with national and international awards for innovative start-ups or innovative products and projects; or granted a protection title for the invention; or be granted the Certificate of Science and Technology Enterprise, Certificate of High-Tech Enterprise, and High-Tech Application Enterprise.
2. Select businesses that have been invested or committed to invest by innovative start-up investment funds; supported or pledged to be supported by co-working spaces, innovative start-ups, service providers, incubators, business accelerators, innovation hubs created in accordance with the law on investment.
3. Selection through the Council:
Agencies and organizations supporting small and medium-sized enterprises may establish a Council to select innovative start-up enterprises according to the criteria specified in Article 20 of this Decree, ensuring the following principles:
a) The number of members and working mechanism of the Council shall be decided by the agency that established the Council;
b) Members of the Council are at least 50% independent consultants. The remaining members are representatives of agencies and organizations supporting small and medium enterprises operating under the part-time mechanism;
c) Operational funds of the Council are aggregated in the budget for management and support of small and medium-sized enterprises of agencies and organizations supporting small and medium-sized enterprises.”
Accordingly, the selection of creative small and medium-sized enterprises to support is made according to the above regulations.
Bases to choose innovative small and medium-sized enterprises in the near future?
Pursuant to Article 14 of Circular 06/2022/TT-BKHDT stipulates as follows:
“Article 14. Selection of innovative start-up SMEs”
1. Agencies and organizations supporting SMEs select innovative start-up SMEs to support under the provisions of Clause 1, Article 21 of Decree No. 80/2021/ND-CP based on one of the following documents:
a) Certificate of achievement of national or international awards for innovative start-ups or innovative products and projects. The certificate is valid for no more than 5 years by the time the SME submits the application for support;
b) Certificate of protection for invention or certificate of science and technology enterprise or certificate of high-tech enterprise or hi-tech application enterprise, provided that these documents are still valid until the time when SMEs submit their request for support.
2. Agencies and organizations supporting SMEs select innovative start-up SMEs to support under the provisions of Clause 2, Article 21 of Decree No. 80/2021/ND-CP based on one of the following documents:
a) The capital contribution contract or the written certification of the investment of the innovative start-up investment fund with a value of at least VND 01 billion; the time of investment must not exceed 05 years until the SME submits a dossier of request for support;
b) The written commitment of the innovative start-up investment fund with an investment of at least 500 million VND and the commitment time is no more than 01 year until the SME submits a request for support;
c) A written confirmation or contract that currently supports SMEs to start up innovative businesses of co-working zones, creative start-up support organizations, service providers, incubators, business promotion establishments, innovation centers; or written commitment or contract that will support innovative start-up SMEs. The time to confirm and commit to support is not more than 06 months from the time the SMEs submit the support proposal.
3. Agencies and organizations supporting SMEs to select innovative start-up SMEs according to the provisions of Clause 3, Article 21 of Decree No. 80/2021/ND-CP on the basis of the Council's decision on innovative start-up SMEs eligible for assistance.”
Accordingly, the selection of creative small and medium-sized enterprises in Vietnam to support will be based on each type of document appropriate to the specific cases specified in the above regulations.
Circular 06/2022/TT-BKHDT will take effect from June 25, 2022.
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