DECISION

PROMULGATING THE REGULATION ON THE DEVELOPMENT AND IMPLEMENTATION OF THE NATIONAL TRADEMARK PROGRAM

THE MINISTER OF INDUSTRY AND TRADE

Pursuant to the Government's Decree No. 189/2007/NĐ-CP dated December 27^th  2007 on defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade, amended and supplemented in the Government's Decree No. 44/2011/NĐ-CP dated June 15^th 2011;

According to the Prime Minister’s approval for promulgating the Regulation on the Development and Implementation of the National Trademark Program in the Official Dispatch No. 9224/VPCP-KTTH dated December 28^th 2011 of the Government Office;

At the proposal of the Director of the Vietnam Trade Promotion Agency,

DECIDES:

Article 1. Promulgating together with this Decision the Regulation on the Development and Implementation of the National Trademark Program.

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THE MINISTER




Vu Huy Hoang

REGULATION

THE DEVELOPMENT AND IMPLEMENTATION OF THE NATIONAL TRADEMARK PROGRAM
(Promulgated together with the Decision No. 984/QĐ-BCT dated March 06^th 2012 of the Minister of Industry and Trade)

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of regulation and subjects of application

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2. This Regulation is applicable to the organizations and enterprises that enroll in the Program, the National Trademark Council, and the managers of the Program.

Article 2. The National Trademark Program

1. The National Trademark Program is a long-term trade promotion program aiming for developing and advertising trademarks, geographical indication, and labels of Vietnamese goods and services on the domestic and foreign markets.

2. The Symbol of the National Trademark Program (hereinafter referred to as the National Trademark Symbol) is titled Vietnam Value, and will be awarded to the products that satisfy the criteria prescribed in Article 4 of this Regulation and the instruction of the National Trademark Council.

3. The vote for the products eligible for bearing the National Trademark Symbol is organized twice a year. Based on the relevant laws and the primary criteria prescribed in Article 4 of this Regulation, the National Trademark Council shall establish and apply the specific criteria for each category of goods, as well as the procedure for voting for products eligible for bearing the National Trademark Symbol.

4. The period for bearing the National Trademark Symbol is two years. At the end of the 2-year period as from the President of the National Trademark Council signs the Decision, the products must be voted again for bearing the National Trademark Symbol as prescribed in this Regulation.

5. Vietnamese enterprises from all economic sectors that are established within the law are entitled to enroll their products in the Program.

The enterprises enrolling their products in the Program shall fulfill the obligations and enjoy the benefits prescribed in this Regulation.

Article 3. Targets of the National Trademark Program

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2. Enhancing the inner value of the National Trademark Symbol by raising the fundamental values of the trademark, being the product quality and the efficiency of the production process, and the business professionalism, contributing to creating the competitive advantages of Vietnamese trademarks during the integration.

3. Fortifying the cooperation among the relevant organizations within a synchronous system in order to improve the efficiency in supporting enterprises in building up their competitiveness from the trademark development

4. Conveying an impression that Vietnam has quality products and high competitive on the domestic and international market.

Article 4. Criteria for voting the products eligible for bearing the National Trademark Symbol.

The primary criteria for voting the products eligible for bearing the National Trademark Symbol include:

1. The products are the results of modern manufacture process and business administration, satisfy the requirements from functional agencies in each period.

2. The products are produced and supplied using advanced and eco-friendly technologies, made of domestic materials, able to be exported and replace the imported products.

3. The product quality is assured by an advanced quality control system that is recognized as prescribed by current laws.

4. The design and futures are remarkable and novel.

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6. There is a strategy for building, developing, and protecting the trademark; there is a trademark administration mechanism.

7. The products make up a significant proportion on the domestic market and export turnover.

8. The products are voted by consumers.

Article 5. Interests and duties of enterprises that participate in the Program

1. The enterprises that enroll their products in the Program are entitled to:

a) Participate in the activities supported by the National Trademark Program from the State budget;

b) Be consulted about the registration of brand names, commercial names, geographical indication at home and overseas;

c) Use the database about the market, products, and clients of the Program.

2. The enterprises that have products voted for bearing the National Trademark Symbol is two years are entitled to:

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b) Suggests ideas for developing the specific strategy and plan of the Program;

c) Use the National Trademark Symbol and the identity system of National Trademark during their business administration and communication (in accordance with the Regulation on the management and use of the Program symbol)

d) Participate in the fairs and exhibits at home and overseas, the national trade promotion programs suggested by National Trademark Council;

e) Receive legal support in commercial dispute over trademarks and brand names.

3. The enterprises that enrolled their products in the National Trademark Symbol is two years are obliged to:

a) Comply with the regulations of the Program;

b) Organize and administer their business in accordance with Vietnamese law and international law;

c) Ensure the maintenance and fulfillment of the criteria for bearing the National Trademark Symbol during the period of bearing the National Trademark Symbol;

d) Pay the fees (if any).

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THE CONTENT OF THE NATIONAL TRADEMARK PROGRAM

Article 6. Building the environment for trademark development

1. Integrate the programs and activities that have similar targets and contains, being carried out by Ministries and relevant organizations, in order to provide a synchronous mechanism and efficiently use the resources of the State for the development of trademarks.

2. Building a model of cooperation between the State and enterprises in order to support enterprises in building and advertising the trademarks at home and overseas.

3. Study and suggest the prioritized categories and products in each period in order to formulate the major schemes for trademark development that suit the economic development of Vietnam.

Article 7. Building the capability of trademark development for enterprises

1. Hold forums, seminars, and conventions to summarize and share experiences and skills in building successful trademarks.

2. Cooperate with some training institutions, experts at home and overseas to prove training programs in order to improve the efficiency of production, trading, and trademark administration for enterprises, especially: managing the enterprise and building the trademark, establishing the trademark, administer the trademark and trademark strategies, protecting and developing the trademark.

3. Organize the researches, compile and publish the reports, publications, and documents about the market, the knowledge and model for formulating a successful strategy for successful trademark; provide consultancy and support for enterprise about the method of developing their trademarks in Vietnam’s conditions.

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5. Build a network of trademark development support, including the representatives of enterprises and experts on enterprise administration and trademark development in order to enhance the cooperation, sharing, and consultancy based on the ideas of the enterprise within the Program.

6. Provide support and consultancy for enterprises that enroll their products in the National Trademark Program.

7. Support, guide, and manage the use of the National Trademark Symbol of the enterprises that have products bearing the National Trademark Symbol.

Article 8. Building and developing trademarks

1. Support the trade associations to formulate the trademark development strategy for competitive exports.

2. Support the trade associations in raising the capability of trademark development via the training programs; support the experts in trademark development and administration.

3. Cooperate with the Vietnamese and foreign quality control agencies in providing consultancy, training, and support for enterprises in order to enhance their quality control capability and innovate the process of production and trading.

4. Guide and support the trade associations and enterprises in the intellectual property protection relevant to the potential exports and the articles bearing the geographical indications on the domestic and foreign market.

5. Cooperate with the trade associations and enterprises in advertising trademarks and geographical indications on the domestic and foreign market.

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Article 9. Advertising National Trademark and the products participating in the Program

1. Build and implement the general disseminating program about the National Trademark Program, the National Trademark Symbol, and all the products participating in the Program, in the form of events, outdoor advertisements, publications, multimedia; advertising movie clips, classified advertisements, articles on the mass media, and websites.

2. Developing and implementing the disseminating programs on radio and television in the form of reportage, advertisements, and the “Product – Trademark” column, in order to introduce each trade mark and promote the use of goods and services bearing the National Trademark Symbol, and other reputable products made in Vietnam.

3. Organize the exhibition areas and introduction posts about the National Trademark Program, National Trademark Symbol, and the products participating in the products at  fairs, exhibitions and commercial events at home and overseas.

4. Organize the programs for accessing, surveying market, and trading among the enterprises.

5. Implement online communication program, advertising for Vietnamese enterprises and trademarks.

6. Present the National Export Award to vote and pay tribute to Vietnamese enterprises that have great achievements in export, especially enterprises that enroll their products in the Program, and encourage all enterprises to develop their business in accordance with the values of the Program.

7. Formulate programs to propagate and raise the awareness of national pride through using products bearing Vietnamese trademarks of consumers in Vietnam and Vietnamese people overseas.

Chapter 3.

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Article 10. The unit in charge of the Program

1. The National Trademark Council, of which the President is the Minister of Industry and Trade, the Deputy President is a Deputy Minister of Industry and Trade, and the members are representatives from relevant Ministries and agencies. The tasks of the National Trademark Council:

a) Approving and directing the implementation of the Program;

b) Advise the Government and the Prime Minister to build, develop, spread the trademarks and picture of Vietnam;

c) Approving and guiding the criteria for the products participating in the Program; the specific criteria and procedures for voting products eligible for bearing the National Trademark Symbol; the system of criteria and procedure for giving the National Export award;

d) Direct the vote for the products eligible for bearing the National Trademark Symbol and the enterprises being presented with the National Export award;

dd) Make and send the reports on the implementation of the Program to the Prime Minister every year and every five year.

2. The Minister of Industry and Trade shall issue the Regulation on the Council of Expert, presided by the leader of the Ministry of Industry and Trade, participated by representatives from relevant Ministries, organization, and individuals.  The tasks of Council of Experts:

c) Study, compile, and suggest the criteria and procedures for voting products eligible for bearing the National Trademark Symbol; the system of criteria and procedure for voting enterprises being presented with the National Export award;

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c) Make reports on assessing the result of the vote for the products eligible for bearing the National Trademark Symbol.

d) Give professional advices within the Program.

3. The Minister of Industry and Trade shall issue the Regulation on the Secretary Board of the Program, presided by the Director of the Vietnam Trade Promotion Agency, situated at the Vietnam Trade Promotion Agency, that may use the stamp of the Vietnam Trade Promotion Agency. The tasks of the Secretary Board:

a) Assist the National Trademark Council in the management, organization, and inspection of the activities of the Program;

b) Summarize the suggestions, formulate and implement the annual activity plan and financial plan of the Program;

c) Guide the compilation, reception, and preliminary assessment of the dossiers submitted by the enterprises that enroll their products in the Program;

d) Cooperate with and support the Council of Experts in appraising the dossiers of the enterprises that enroll their products in the Program;

dd) Manage and use the budget in accordance with the current financial regime.

Article 11. The activity plan of the Program

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2. The long-term plan is formulated based on the export development strategy, and the prioritized activities of the Program in each period.

3. The annual plans are formulated based on the long-term plan, consulted by the enterprises participating in the Program and relevant organizations.

4. The annual plan must:

a) Be congruent with the long-term plan approved by competent authorities;

b) Be congruent with the activities of the Program prescribed in Article 6, 7, 8, and 9 this Regulation;

c) Ensure the feasibility of the method of deployment; the time and progress of deployment, the human resources, financial resources, and technical facilities.

Article 12. Approving the long-term and annual plans of the Program

The President of the National Trademark Council shall make decisions on approving the long-term and annual plans of the Program before July 01^st of the year succeeding the planning year.

Article 13. Adjusting and terminating the activities of the Program;

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2. Based on the decision an adjusting the plan, the Ministry of Industry and Trade shall transfer the residual budget (if any) to the new activities and the activities that need more budget.

Article 14. The budget for the Program

1. The budget the Program is provided from the following sources:

a) The State budget annually allocated in the regular expenditure estimate of the Ministry of Industry and Trade;

b) The sponsorships from organizations and individuals at home and overseas;

c) Other legitimate receipts as prescribed by law.

2. The Vietnam Trade Promotion Agency shall estimate the budget for the activities of the Program, include them in the annual budget estimates of the Ministry of Industry and Trade, and submit them to competent State agencies for approval as prescribed by law.

3. The budget the Program from the State budget is used for the following activities:

a) Organizing and carrying out the activities of the Program specified in Chapter II of this Regulation;

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c) The activities of the National Trademark Council and the agencies that assist the Council;

d) Other activities serving the implementation of the Program.

4. The receipts from the sponsorships and other legitimate receipts are considered additional budget for raising the efficiency of the Program.

Chapter 4.

HANDLING VIOLATIONS

Article 15. Handling violations

1. The organizations and individuals that violate this Regulation shall be penalized as prescribed by current law.

2. The enterprises having products bearing the National Trademark Symbol that violate the regulation of the Program shall immediately have the right to use the National Trademark Symbol revoked./.