Who are eligible to apply economic and technical norms to handle requests for confirmation of internationally registered trademarks protected in Vietnam?

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Question date: 15/09/2023

Who are eligible to apply economic and technical norms to handle requests for confirmation of internationally registered trademarks protected in Vietnam? How many methods are there to build economic and technical norms to handle requests for confirmation of internationally registered trademarks being protected in Vietnam? What content does economic and technical norms include in Vietnam?

Please advise. Thankyou.

    • Who are eligible to apply economic and technical norms to handle requests for confirmation of internationally registered trademarks protected in Vietnam?

      First, Circular 17/2022/TT-BKHCN on Economic - Technical Norms for Services Handling Requests for Confirmation of Internationally Registered Trademarks Protected in Vietnam issued by the Minister of Science and Technology The law will take effect from February 1, 2023.

      Specifically, according to Article 3 of Circular 17/2022/TT-BKHCN ( Effective from February 1, 2023 ) regulations on subjects to which economic and technical norms apply to handle requests for confirmation of internationally registered trademarks protected in Vietnam as follows:

      - Agencies and organizations using state budget in processing requests for confirmation of internationally registered trademarks protected in Vietnam;

      - Other agencies and organizations related to the use of state budget in processing requests for confirmation of internationally registered trademarks protected in Vietnam.

      - In addition, encourage agencies and organizations that handle requests for confirmation of internationally registered trademarks protected in Vietnam not to use the state budget to apply the promulgated economic and technical norms. attached to Circular 17/2022/TT-BKHCN.

      How many methods are there to build economic and technical norms to handle requests for confirmation of internationally registered trademarks being protected in Vietnam?

      According to Article 5 of Circular 17/2022/TT-BKHCN ( Effective from February 1, 2023 ) stipulates:

      Economic-technical norms are built according to the methods specified in Article 10 of Circular 21/2019/TT-BKHCN stipulating the process of building economic-technical norms for public service services using the budget. State management in the field of state management of the Ministry of Science and Technology includes the following 2 methods:

      (1) Analytical and experimental methods

      The analytical and experimental method is a method of building norms in which the consumption of labor time, time of using machinery and equipment, and consumption of materials to perform the work content and parts is calculated. Tasks are determined on the basis of photography, timekeeping and are carried out within the current organizational and technical conditions of the unit.

      Observation data conducted directly at the workplace and factors affecting waste components are the scientific basis to serve the calculation of norm values.

      The technical basis of the norms is determined based on process documents, technical standards, legal regulations on working time, rest regime, standards and norms for using machinery and equipment to review and analyze the work content and the norm values ​​that need to be determined.

      This method only applies to tasks that have a daily cycle and appear at the time of the survey.

      (2) General statistical method

      The general statistical method is a method of building norms on the basis of statistical data from the previous period that is synthesized and analyzed.

      This method is used to calculate and determine the level value for work contents where the execution sequence and labor time consumption are unstable, the implementation cycle is not daily and does not occur at the time the survey is conducted.

      What content does economic and technical norms include in Vietnam?

      Specifically, Article 7 of Circular 17/2022/TT-BKHCN ( Effective from February 1, 2023 ) stipulates as follows:

      Norm content

      The content of economic - technical norms is implemented according to the provisions of Article 14 of Circular No. 21/2019/TT-BKHCN, including contents and waste levels to complete a certain amount of work (described in the work component) for processing requests for confirmation of internationally registered trademarks protected in Vietnam. Specifically:

      1. Labor norms are the necessary labor costs of the actual average labor levels involved in processing requests for confirmation of internationally registered trademarks protected in Vietnam. The waste level in the norms is calculated by work, each work corresponds to 8 working hours. Labor norms include direct labor norms and indirect labor norms; In which, indirect labor norms (management, service) are equal to 10% of direct labor norms.

      2. Machinery and equipment norms are the waste of machinery and equipment used in processing requests for confirmation of internationally registered trademarks protected in Vietnam. The waste level in the norm is calculated by working shifts, each shift corresponding to 8 working hours.

      3. Material norms are the waste of materials (paper, ink and other materials) necessary for direct use in processing requests for confirmation of internationally registered trademarks protected in Vietnam. The waste of materials in the norm is determined by the quantity of each specific type of material.

      Other costs (energy, fuel, infrastructure and other direct costs) are calculated and allocated to the processing of requests for confirmation of internationally registered trademarks protected in Vietnam when establishing unit prices and cost estimates.

      Best regards!

    Above is legal advice provided for customers of LawNet . If you require any further information, please send an email to nhch@lawnet.vn
    "This English translation is for reference purposes only and not a definitive translation of the original Vietnamese texts"

    LEGAL BASIS OF THIS SITUATION
    • Article 3 of Circular 17/2022/TT-BKHCN Download
    • Article 5 of Circular 17/2022/TT-BKHCN Download
    • Article 7 of Circular 17/2022/TT-BKHCN Download
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