Conditions to be recognized as an initiative of the General Department of Customs in Vietnam

Regarding this issue, LawNet would like to answer as follows:

1. Conditions to be recognized as an initiative of the General Department of Customs in Vietnam

According to Clause 1, Article 4, Section II of the Regulations issued together with Decision 2448/QD-TCHQ in 2016, to be recognized as an initiative of the General Department of Customs, such an initiative must satisfy the following conditions:

- New within that establishment: Means the solution is created or improved for the first time, applied within the facility (for grassroots initiatives), within the General Department of Customs (for sectoral initiatives), or nationwide (for national initiatives).

A solution to be considered novel must fully satisfy the following conditions:

+ Not coinciding with the solution content of the initiative report submitted in advance.

+ It is not known, and there is no solution from other people that coincides with that solution described in documents, books, and technical documents in any form that is publicly accessible in that establishment, to the extent that it is based on that to apply and disseminate.

+ Not coinciding with solutions of others that have been applied, tested, or included in the plan of application and dissemination.

+ Not yet being specified into standards, processes, and regulations that must be implemented.

- Having been applied or tested on-site and is likely to bring practical benefits, if the solution has been applied or tested and proven to be more practical than known similar solutions at the facility level, the Sector level, or nationwide.

2. Objects recognized as initiatives of the General Department of Customs in Vietnam

Objects recognized as initiatives of the General Department of Customs include: technical solutions, management solutions, operational solutions, or solutions for applying new technical advances to improve the working efficiency of agencies and units (collectively referred to as solutions) or developing management documents (participating in or presiding over the drafting of Laws, Decrees, Decisions of the Prime Minister, Circulars of the Ministry, guiding documents of the General Department of Customs, units, etc.) that have been issued or scientific research topics that have been tested and accepted to be applied.

In there:

- Technical solution is a method - technique, or technical means to solve a definite task (a problem), including processes, computer software programming (for example, technological processes such as diagnostics, forecasting, checking, processing, etc.).

- Management solution is a way of organizing and operating work in any field of operation of the General Department of Customs, such as:

+ Method of work organization (for example, arrangement of human resources, machinery, equipment, tools, raw materials, and materials);

+ Methods of operating, checking, and supervising work.

- Operational solutions include methods of performing technical and professional operations in any field of operation of the General Department of Customs, such as:

+ Methods of implementing administrative procedures (for example, receiving and processing dossiers, applications, and documents).

+ Methods of appraisal, assessment, consulting, and evaluation.

Methods of propaganda, training, teaching, and coaching.

+ Methods of training professional animals.

+ Having sources of information converted into specialized projects or effective methods of combating and preventing smuggling and commercial fraud.

+ Proposing flexible and creative handling measures to avoid or minimize the consequences and damage occurring in the fight against smuggling.

+ Methods and solutions to improve thrift practice, fight waste, and fight corruption effectively.

- Technical advancement application solution is the method, manner, or method of applying a known technical solution into practice.

- Developing management documents (participating in or chairing the drafting of Laws, Decrees, Decisions of the Prime Minister, Circulars of the Ministry, guiding documents of the General Department of Customs, of units, etc.)  if the following requirements are met:

+ A proposal or idea of that individual, directly made by that individual, new, not overlapping with other people or units.

+ Being included in the content of management documents and solving specific task requirements.

+ Management documents are approved, signed, and promulgated by competent leaders.

(Article 2, Section I of the Regulations issued together with Decision 2448/QD-TCHQ in 2016)

3. Objects that are not recognized as initiatives of the General Department of Customs in Vietnam

The following objects are not recognized as initiatives:

- Solutions where the announcement or application of the solution is contrary to public order, social ethics, or law.

- The solution is the subject of intellectual property rights protection as prescribed by law up to the time of consideration for recognition of the initiative.

(Clause 3, Article 4, Section II of the Regulation promulgated together with Decision 2448/QD-TCHQ in 2016)

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