On 13th December 2012, Ministry of Culture, Sports and Tourism (MOCST) issued Circular 15/2012/TT-BVHTTDL pursuant to the Decree No. 100/2006/ND-CP of September 21, 2006 and Decree No. 105/2006/ND-CP dated 22 December 09, 2006 providing guidelines to the assessment activities of copyright and related rights, including the grant, revocation of the assessor's card of copyright and related rights;
grant, revoke the certificate of organization assessment of copyright and related rights; implementation expertise copyright, related rights at the request of organizations and individuals. This Circular which shall be effective from 1st February 2013, is applicable to all individuals and organizations, who use their knowledge and expertise to assess and conclude on issues relating to copyright and related rights activities in the territory of Vietnam.
Who can apply for Assessors Cards:
The Intellectual property assessors, who have adequate knowledge and professional skills to assess and conclude on issues related to the contents of assessment shall be issued Assessor cards and can act either independently or as a member of intellectual property assessment organization.
The Department of Copyright of the Ministry of Culture, Sports and Tourism is the competent authority to grant and revoke assessor’s card. The Department shall recognize and grant Assessor’s cards if the individual and/or organizations applicants fulfill the following conditions:
The Ministry of Science and Technology, the Ministry of Culture and Information and the Ministry of Agriculture and Rural Development shall stipulate the contents of examination referred to at this Point in the areas under their assigned management; guide and organize those exams and grant certificates of professional eligibility for working as intellectual property assessors.
An organization to possess Assessor Card should fulfill the following conditions:
a. Atleast two members of the organization should have intellectual property assessor’s card
b. The other conditions required under the relevant provisions of law should be satisfied
c. Certificate of registration of scientific and technological activity and a certificate of registration of the assessment business or practice according to current law
Such organizations are allowed to practice assessment only in the area in which it has registered its activity and assessment business.
How can one apply for Assessor Cards;
An individual applying for the issuance of Assessor Cards should submit the Application Dossier, either through post or directly to the Copyright Office of Vietnam (COV) in the MOCST. The dossier shall include the following:
a. Application for granting Assessor Card in the format as prescribed in the Appendix 1 of the Circular 15/2012/TT-BVHTTDL
b. A legitimate copy of the result of the professional evaluation examination conducted by the Ministry. In case the applicant is exempted from such examination, then a letter to that effect from the competent authority should be produced
c. A legitimate copy of the Identity Card
d. Two color photos (3x4 cm.)
Similarly, an organization applying for the Assessor card should submit the application Dossier, with the following details, either directly or by post to the COV:
a. Application for granting Assessor Card
b. A legitimate copy of business license or registration issued by the competent authority
c. A legitimate copy of the offer letter or employment contract of the assessors working for the organization
If the dossier is in proper order then the Director General of COV shall grant the Assessor Card within 15 working days of the date of receipt of such application dossier. Such Assessor card shall be valid from the date of issue. If the card issued if lost or damaged then the applicant shall apply afresh to the COV and the loss has to be registered. If the application is found proper then the new Assessor card shall be issued within 10 working days of the receipt of the application.
Revocation of the Assessor card:
The copyright Office has the authority to revoke the Assessor Card issued under the following situations:
a. Assessor card holder fails to meet any requirement provided under this Circular
b. The competent state Agencies have received request for revocation of the assessor for violations of law by the Assessor while carrying out assessment activities
c. If it is found with evidence that the Assessor Card itself was issued contrary to the provisions of law
The Copyright Office, according to the Circular, shall periodically publish the information about the panel of experts involved in the decision of granting, re-granting and revoking the Assessor’s card.
This Circular calls for the qualified individuals and organizations to participate in the Copyright and intellectual property assessment activities and further empowers the MOCST to regulate the issuance of Assessor Cards to the eligible assessors.
