Subjects and conditions for recognizing initiatives in the Vietnam Social insurance Sector

Subjects and conditions for recognizing initiatives in the Vietnam Social insurance Sector (Image from internet)

On July 9, 2024, Vietnam Social Security issued Decision 964/QD-BHXH regarding the Regulations on the recognition of initiatives, the recognition of the application effectiveness, and the potential for widespread implementation of initiatives in the Vietnam Social insurance Sector.

Subjects and conditions for recognizing initiatives in the Vietnam Social insurance Sector

The subjects and conditions for recognizing initiatives in the Vietnam Social insurance Sector are stipulated in Article 4 of the Regulations promulgated under Decision 964/QD-BHXH in 2024 as follows:

(1) The subjects recognized as initiatives include technical solutions, management solutions, operational solutions, or solutions for applying technical advancements that meet the conditions specified in clause (2). These solutions are defined as follows:

- A technical solution is a technical method, tool, or device intended to solve a specific task (a problem) which has been identified, including products, processes, or methods of executing a process.

- A management solution is an organizational and operational method related to any field of activity, including work organization methods; operational, inspection, and supervision methods.

- An operational solution includes methods for executing technical actions and professional tasks in various fields such as administrative procedure methods; methods for collecting, verifying, researching, summarizing, and evaluating information; methods for propaganda, training, teaching, etc.

- A solution for applying technical advancements is a creative method, way, or measure for applying known technical solutions into practice.

(2) conditions for recognizing initiatives

A solution is recognized if it meets all the following conditions:

- Novelty

A solution is regarded as novel within the scope under consideration if, by the date of application submission for initiative recognition or the date of its first trial or application (whichever comes first), the solution meets all the following conditions:

+ It does not duplicate the content of a solution submitted earlier;

+ It has not been publicly disclosed in documents, books, technical materials to the extent that it can be executed right away;

+ It does not duplicate a solution previously applied, trialed, or planned for application, dissemination, or preparation for implementation;

+ It has not been regulated as a mandatory standard, process, or norm required to be followed.

- Feasibility

+ It aligns with the assigned functions and task implementation conditions of the institution;

+ It has been applied or trialed at the institution and has the potential for wide dissemination within the scope under consideration.

- Effectiveness

A solution is considered effective if it can bring economic benefits or social advantages.

Time Limit for rxercising the right to request initiative recognition in the Vietnam Social insurance Sector

For solutions already in application, the time limit for exercising the right to request initiative recognition is 01 year from the date the initiative is first applied.

(Article 5 of the Regulations promulgated under Decision 964/QD-BHXH in 2024)

Cases not recognized as initiatives in the Vietnam Social insurance Sector

- Solutions that, if published or applied, would violate public order or social ethics.

- Solutions that are subjects of intellectual property protection under law at the time of initiative recognition.

(Article 6 of the Regulations promulgated under Decision 964/QD-BHXH in 2024)

Nguyen Ngoc Que Anh

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE