04 things to know about the innovation in Vietnam

04 things to know about the innovation in Vietnam (Internet image)

1. What is innovation?

According to Clause 1, Article 1 of the Regulation on Innovation promulgated together with Decree 13/2012/ND-CP, an innovation is a technical, managerial, operational or technical advance application solution (below collectively referred to as solution), which may be recognized as such by an establishment if fully satisfying the following conditions:

- It is novel within the establishment;

- It has been applied or experimentally applied at the establishment and is capable of bringing about practical benefits:

- It is other than the following objects:

+ Solutions which have been published or applied against public order or social ethics;

+ Solutions which are protected under the intellectual property law at the time of recognition

2. Request for innovation recognition in Vietnam

The request for innovation recognition under Article 5 of the Regulation on Innovation promulgated together with Decree 13/2012/ND-CP is stipulated as follows:

- An innovator may request recognition of his/her innovation by the following establishments:

+ The establishment that is the innovation investor;

+ The establishment that is transferred the innovation by the innovator under an agreement between the two parties, provided that the innovation investor refuses to recognize the innovation and has no other agreement with the innovator;

+ The establishment that is transferred the innovation by the innovator under an agreement between the two parties, in case the innovator is concurrently the innovation investor.

- For an applied solution, the statute of limitations for exercising the right to request the innovation recognition is one year from the date of first-time application of the innovation.

- A written request for recognition of an innovation contains the following details:

+ Name of the establishment requested to recognize the innovation;

+ Name of the innovator or names of the co-innovators (if any) and proportion of contribution of each innovator to the creation of the innovation:

+ Innovation investor;

+ Title of the innovation; field of application; description of the innovation's nature, clearly indicating information which must be kept confidential (if any);

+ Conditions necessary for innovation application;

+ Persons engaged in the first-time application of the innovation (if any);

+ Evaluation of benefits brought about or expected to be brought about by the innovation application according to opinions of institutions and individuals that have applied the innovation (if any) and of the innovator.

3. Receipt and examination of written requests for innovation recognition in Vietnam

The receipt and examination of written requests for innovation recognition under Article 6 of the Regulation on Innovation promulgated together with Decree 13/2012/ND-CP are as follows:

- Establishments which may be requested to recognize innovations specified in Clause 1, Article 5 of Decree 13/2012/ND-CP shall receive and examine written requests for innovation recognition, assist innovators in completing their written requests, and examine these requests in accordance with this Regulation.

- Within one month after receiving a written request for recognition of an innovation, an establishment shall examine the written request in accordance with Clause 3, Article 5 of Decree 13/2012/ND-CP and carry out the following procedures:

+ Notifying the innovator of improper contents of the request and setting a time limit of one month for the innovator to modify, supplement and resend the request;

+ Notifying the innovator of the acceptance of the request, taking notes of relevant information in the request, and preserving the request dossier in accordance with regulations;

+ Notifying the innovator of the reason for refusal to receive the request.

4. Consideration of innovation recognition in Vietnam

The consideration of innovation recognition under Article 7 of the Regulation on Innovation promulgated together with Decree 13/2012/ND-CP is stipulated as follows:

- Innovation recognition shall be considered within 3 months after the receipt of a written request for recognition of an innovation in accordance with Clause 2, Article 6 of Decree 13/2012/ND-CP or the date of completion of the first-time application, if such innovation is applied for the first time after the written request is accepted. The establishment considering the innovation recognition shall assess the object stated in the written request against the conditions specified in Articles 3 and 4 of Decree 13/2012/ND-CP and:

+ Recognize the innovation and grant an innovation certificate to the innovator, except the cases specified at Point b of this Clause 1 of Article 7 of Decree 13/2012/ND-CP; or

+ Refusing to recognize the innovation, if the object stated in the written request fails to satisfy the conditions specified in Articles 3 and 4 of Decree 13/2012/ND-CP, and notify in writing the innovator of the refusal, clearly stating the reason.

- An innovation certificate must contain the following details:

+ Name of the establishment recognizing the innovation;

+ Title of the recognized innovation;

+ Innovators or co-innovators;

+ The innovation investor;

+ Summarized contents of the innovation; socio-economic benefits which can be brought about by its application;

+ Other appropriate information decided by the innovation-recognizing establishment.

- The innovation recognition shall be decided by the head of the innovation recognition-considering establishment.

- For an innovation created with the State's funds and physical-technical means, if the head of the innovation-recognizing establishment is the very innovator, the recognition of the innova­tion must be approved by a management agency in accordance with the following provisions:

+ In case the establishment is a state agency or institution, the innovation recognition must be approved by its direct superior management agency;

+ In case it is not a stale agency or institution, the innovation recognition must be approved by the provincial-level Science and Technology Department of the locality in which the establishment is based or by the stale agency or institution that directly funds the creation of the innovation.

Quoc Dat

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