Procedures for purchasing central-level inventions and innovations in Vietnam

Procedures for purchasing central-level inventions and innovations in Vietnam (Internet image)

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

1. Procedures for purchasing central-level inventions and innovations in Vietnam

According to Decision 1668/QD-BKHCN dated August 1, 2023, procedures for purchasing central-level inventions and innovations are as follows:

(1) Implementation sequence:

- Organizations and individuals shall submit dossiers of application for the purchase of inventions or innovations at ministries and ministerial-level agencies according to the branches and domains under their management.

- The dossier-receiving agency is responsible for examining and certifying the completeness and validity of the dossier:

+ Within 03 working days from the day on which the application is received, if the application is not valid, the competent authority shall consider and evaluate the application and notify the organization or individual for additional submission and completion;

+ Within 15 working days from the date of receipt of complete and valid dossiers, competent agencies shall consider and evaluate the dossiers through the evaluation council. The Evaluation Council has from 07 to 09 members, including representatives of management agencies and experts in related fields;

+ Within 07 working days from the date of receiving the results of the council's dossier evaluation, the competent agency reviews and evaluates the dossier and issues a document notifying the results of the evaluation of the dossier and requesting the purchase of an invention or innovation. In the event that the application is not approved, there must be a written notification clearly stating the reason.

(2) Method of implementation: Submit the application in person or send it by post to a competent agency for consideration and evaluation as prescribed.

(3) Components and quantity of documents:

- Document components include:

+ Application for the State to Purchase Inventions and innovations according to Form BM III.1 in Appendix 3 issued with Circular 14/2023/TT-BKHCN.

Form BM III.1

+ A statement showing the effectiveness of applying inventions and innovations in practice and the ability to expand the scale of application according to form BM III.2 in Appendix 3 issued with Circular 14/2023/TT-BKHCN.

Form BM III.2

+ A petition from an agency or organization on the need to purchase inventions, innovations, and plans for management, exploitation, and transfer according to Form BM III.3 in Appendix 3 issued with Circular 14/2023/TT-BKHCN.

Form BM III.3

- Number of dossiers: 01 set (01 paper copy and 01 electronic copy).

(4) Processing time limit:

- Sending a notice to the organization or individual about the result of reviewing the dossier and requesting amendments and supplements (if any): 03 working days from the date of receiving the dossier;

- Evaluation of documents through the evaluation council: 15 working days;

- Document notifying the results of evaluation of dossiers requesting to purchase inventions or innovations: 07 working days from the date of receiving the results of dossier evaluation by the council.

2. Procedures for purchasing provincial-level inventions and innovations

Also according to Decision 1668/QD-BKHCN dated August 1, 2023, regulations on procedures for purchasing provincial-level inventions and innovations are as follows:

(1) Implementation sequence:

- Organizations and individuals submit their applications for the purchase of inventions or innovations to the People's Committee of the province where the invention or innovation is effectively applied on a small scale.

- The dossier-receiving agency is responsible for examining and certifying the completeness and validity of the dossier:

+ Within 03 working days from the date of receipt of the dossier, if the dossier is not valid, the competent agency shall consider and evaluate the notification dossier for additional submission and completion by the organization or individual.

+ Within 15 working days from the date of receipt of complete and valid dossiers, competent agencies shall consider and evaluate the dossiers through the evaluation council. The evaluation council has from 07 to 09 members, including representatives of management agencies and experts in related fields.

+ Within 07 working days from the date of receiving the results of the council's dossier evaluation, the competent agency reviews and evaluates the dossier and issues a document notifying the results of the evaluation of the dossier and requesting the purchase of an invention or innovation. In case the application is not approved, there must be a written notice clearly stating the reason.

(2) Method of implementation: Apply in person or send by post.

(3) Components and quantity of documents:

- Document components include:

+ Application for the State to Purchase Inventions and innovations according to Form BM III.1 in Appendix 3 issued with Circular 14/2023/TT-BKHCN.

+ A statement showing the effectiveness of applying inventions and innovations in practice and the ability to expand the scale of application according to Form BM III.2 in Appendix 3 issued with Circular 14/2023/TT-BKHCN

+ A petition from an agency or organization on the need to purchase inventions, innovations, and plans for management, exploitation, and transfer according to Form BM III.3 in Appendix 3 issued with Circular 14/2023/TT-BKHCN.

- Number of dossiers: 01 set (01 paper copy and 01 electronic copy).

(4) Processing time limit:

- Sending notification to organizations and individuals about the results of document review and requests for amendments and supplements (if any): 03 working days from the date of receipt of documents.

- Evaluation of dossiers through the evaluation board: 15 working days.

- Document notifying the results of evaluation of dossiers requesting to purchase inventions or innovations: 07 working days from the date of receiving the results of dossier evaluation by the council.

Ho Quoc Tuan

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