Circular 18: Which entity has the authority to evaluate and recognize innovations?

The Minister of Science and Technology has just signed and promulgated Circular 18/2013/TT-BKHCN guiding the implementation of certain provisions of the Charter on Innovations issued according to Decree 13/2012/ND-CP (hereinafter referred to as the “Charter on Innovations”).

According to Circular 18/2013/TT-BKHCN, establishments that are agencies or organizations established according to law, can independently participate in civil legal relations on their own behalf as stipulated in Clause 4, Article 2 of the Charter on Initiatives have the rights and responsibilities to recognize initiatives, including:

agencies with the right to recognize initiatives, Circular 18/2013/TT-BKHCN

Illustration (source internet)

First: Legal entities, which are organizations meeting the conditions stipulated in Article 84 of the Civil Code, specifically:

- Legally established;- Have a tight organizational structure;- Have assets independent of other individuals or organizations and are responsible for those assets;- Participate in legal relations independently on their own behalf.

Second, units without legal entity status, but can independently participate in civil legal relations on their own behalf (e.g., households, cooperative groups, business households, private enterprises, law offices...).

Third, units with their own seals and accounts, economically dependent on a superior legal entity (e.g., branches of enterprises, centers under state corporations and general companies...), and authorized by the superior legal entity to recognize initiatives at the unit by written authorization or internal regulations (e.g., regulations in the innovation activity bylaws at the establishment).

See the full text of the regulations at Circular 18/2013/TT-BKHCN effective from September 25, 2013.

Thu Ba

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