Circular No. 25/2021/TT-BCT dated December 20, 2021 on amendments to some articles of Circular No. 33/2019/TT-BCT on criteria of Vietnamese national brand program

CIRCULAR

AMENDMENTS TO SOME ARTICLES OF CIRCULAR NO. 33/2019/TT-BCT DATED NOVEMBER 22, 2019 OF THE MINISTER OF INDUSTRY AND TRADE OF VIETNAM ON CRITERIA OF VIETNAMESE NATIONAL BRAND PROGRAM

Pursuant to the Law on Foreign Trade Management of Vietnam dated June 12, 2017;

Pursuant to the Government’s Decree No. 98/2017/ND-CP dated August 18, 2017 on functions, tasks, powers and organizational structure of the Ministry of Industry and Trade of Vietnam;

Pursuant to the Government’s Decree No. 28/2018/ND-CP dated March 01, 2018 elaborating the Law on Foreign Trade Management of Vietnam regarding some measures for foreign trade development;

Pursuant to the Prime Minister’s Decision No. 30/2019/QD-TTg dated October 08, 2019 development, management and implementation of the Vietnamese National Brand Program;

At the request of the Director General of the Vietnam Trade Promotion Agency;

The Minister of Industry and Trade of Vietnam hereby promulgates a Circular on amendments to some articles of Circular No. 33/2019/TT-BCT dated November 22, 2019 of The Minister of Industry and Trade of Vietnam on criteria of Vietnamese National Brand Program.

Article 1. Amendments to some articles of Circular No. 33/2019/TT-BCT dated November 22, 2019 of The Minister of Industry and Trade of Vietnam on criteria of Vietnamese National Brand Program.

1. Clause 3 Article 3 is amended as follows:

3. Contents of the schemes shall be consistent with contents of the Vietnam National Brand Program; specified in Appendix No. 1a issued with this Circular.

2. Point a Clause 2 Article 6 is amended as follows:

a) It is an enterprise established under Vietnamese law. Vietnamese organizations and individuals hold more than 50% of the charter capital or total ordinary shares of the enterprise.

In case the enterprise does not meet the criteria for capital but its product shows unique elements and contributes to the improvement of the image and value of the “Vietnamese National Brand” title, the Vietnamese National Brand Council shall consider and decide".

Article 2. Amendments to some Appendices of Circular No. 33/2019/TT-BCT dated November 22, 2019 of the Minister of Industry and Trade on criteria of Vietnamese National Brand Program.

1. Amend Appendix No. 1a - Contents of the schemes of Vietnamese National Brand Program before Appendix No. 1 issued together with Circular No.33/2019/TT-BCT dated November 22, 2019 of the Minister of Industry and Trade of Vietnam on criteria of Vietnamese National Brand Program.

2. Replace Appendix No. 2 issued together with Circular No. 33/2019/TT-BCT dated November 22, 2019 of the Minister of Industry and Trade on criteria of Vietnamese National Brand Program by Appendix No. 2 - Criteria of “Vietnamese National Brand” title issued together with this Circular.

Article 3: Entry into force

1. This Decree comes into force as of February 07, 2022

2. Difficulties that arise during the implementation must be reported to the Ministry of Industry and Trade of Vietnam for consideration.

APPENDIX NO. 1a

 CONTENTS OF SCHEMES OF VIETNAMESE NATIONAL BRAND PROGRAM
(Issued together with Circular No. 25/2021/TT-BCT dated December 20, 2021 of the Minister of Industry and Trade of Vietnam on amendments to some articles of Circular No. 33/2019/TT-BCT)

I. RAISE SOCIETY’S AWARENESS OF THE ROLES OF BRAND IN MANUFACTURE, TRADE AND INVESTMENT

1. Formulate objectives and strategies from time to time

The units that are in charge of carrying out the schemes shall:

a) Survey, research, evaluate and make thematic reports on the domestic and foreign Vietnam National Brand Program;

b) Organize desk research, evaluation, foreign field research and make thematic reports on international experience of the development, management and implementation of Vietnamese National Brand Program;

c) Make a general report on the objectives and strategies for formulating, developing and promoting the national image and “Vietnamese National Brand” title;

d) Organize seminars and conferences to get opinions of related parties

dd) Declare reports on research in the form of print, electronic publications or declare these reports at conferences, seminars, training courses.

2. Develop the Program’s criteria

The units that are in charge of carrying out the schemes shall:

a) Survey, research, evaluate and make thematic reports on amendments to the Program’s criteria

b) Organize desk research, evaluation, foreign field research and make thematic reports on international experience of the implementation of Vietnamese National Brand Program’s criteria

c) Make a general report on amendments to the Program’s criteria

d) Organize seminars and conferences to collect opinions of relevant parties

dd) Declare reports on research in the form of print, electronic publications or declare these reports at conferences, seminars, training courses.

3. Protect intellectual property rights for the logo and identity of domestic “Vietnamese National Brand” title

The units that are in charge of carrying out the schemes shall:

a) Hire consultants to compile the protection registration dossiers;

b) Register protection of intellectual property objects; amend and extend the validity of the protective certificates;

c) Complain, resolve complaints about intellectual property rights.

4. Protect intellectual property rights for the logo and identity of foreign “Vietnamese National Brand” title

The units that are in charge of carrying out the schemes shall:

a) Hire consultants to compile the protection registration dossiers;

b) Interpret, translate documents;

c) Register protection of intellectual property objects; amend and extend the validity of the protective certificates;

d) Amend documents and provide explanation during the process of registration of protection of intellectual property rights;

dd) Organize seminars and conferences to collect opinions of relevant parties

e) Complain and resolve complaints about intellectual property rights.

II.ENHANCE CAPACITY FOR FORMULATION, DEVELOPMENT AND MANAGEMENT OF BRAND OF ENTERPRISES TO MEET THE PROGRAM’S CRITERIA

1. Support enterprises in development of products that meet the criteria of “Vietnam National Brand” title

The units that are in charge of carrying out the schemes shall:

a) Research and evaluate the need and applicability of criteria for “Vietnam National Brand” title at the enterprises

- Survey, research, evaluate and make thematic reports on applicability of criteria for “Vietnam National Brand” title at the enterprises

- Organize seminars and conferences to declare the results of research and evaluation;

- Declare reports on research in the form of print, electronic publications or publicize these reports at conferences, seminars, training courses.

b) Disseminate and provide information to enterprises

- Promote the Program’s criteria by offline.

- Promote the Program’s criteria by online.

c) Train and consult to enterprises that are developing products.

- Promote, invite organizations and enterprises to participate in seminars, conferences and training courses.

- Compile training contents;

- Hire lecturers, reporters, consultants;

- Rent the hall, decorations, equipment; print documents, stationery and provide tea break;

- Rent online training courses platforms, decorations, equipment and tools for training courses; create accounts of lectures and students; digitalize lessons; create and input data of contents of training courses in order to test training programs;

- Inspect, evaluate results and print, issue certificates (if any).

2. Support enterprises in development and protection of domestic and foreign "Vietnam National Brand” title

The units that are in charge of carrying out the schemes shall:

a) Advise enterprises about the formulation or development of the Brand;

- Research, evaluate and make thematic reports on the needs for formulation and development of the Brand.

- Develop and publish documents; disseminate information to instruct enterprises in the form of prints, electronic publications or declare them at conferences, seminars, training courses.

b) Advise domestic and foreign enterprises about protection of intellectual property rights to

- Research, evaluate and make thematic reports on the needs for protection of intellectual property rights;

- Develop and publish documents; disseminate information to instruct enterprises in the form of prints, electronic publications or publicize them at conferences, seminars, training courses.

c) Organize events, seminars and conferences, training course

- Carry out dissemination of information through via mass media;

- Invite organizations and enterprises to participate in seminars conferences and training course;

- Compile training contents;

- Hire lecturers, reporters, consultants; interpreters and translators;

- Rent the hall, decorations, equipment; print documents, stationery and provide tea break;

- Rent online training platforms, decorations, equipment and tools for training; create accounts of lectures and students; digitalize lessons; create and input data of training contents in order to test training programs;

- Inspect, evaluate results and print, issue certificates (if any).

III. PROMOTE VIETNAMESE NATIONAL BRANDS IN CONNECTION WITH PRODUCTS AWARDED “VIETNAMESE NATIONAL BRANDS” TITLE

1. Hire domestic and foreign consultancies and consultants to develop and promote “Vietnamese National Brand” title

The units that are in charge of carrying out the schemes shall:

a) Develop the contents, plans and communication strategies in order to promote “Vietnam National Brand” title from time to time;

b) Organize seminars and conferences to collect opinions of relevant parties

c) Declare reports on research in the form of print, electronic publications or declare these reports at conferences, seminars, training courses.

2. Conduct market research to identify the orientation for marketing communication activities;

The units that are in charge of carrying out the schemes shall:

a) Collect information and data on domestic and foreign market;

b) Hire organizations and research experts; make thematic reports;

c) Organize seminars and conferences to collect opinions of relevant parties

3. Disseminate information about the Program and enterprises whose products are awarded the “Vietnamese National Brand” title in foreign affairs, economic, trade or trade - investment - tourism promotional events and via mass media;

The units that are in charge of carrying out the schemes shall:

a) Design, create and promote promotional contents;

b) Disseminate information through domestic and foreign mass media;

c) Disseminate information at domestic and foreign diplomatic, economic, trade, trade promotion - investment - tourism events

- Disseminate information via mass media;

- Invite organizations and enterprises to participate in seminars, conferences and training course;

- Organize conferences, seminars, forums, parades, exhibitions and other events;

- Organize fairs and exhibitions; organize opening ceremony and relevant events according to regulations of fairs and exhibitions;

- Rent online platforms, internet..

4. Design and publish promotional contents; build and maintain multilingual web portals and application software for the Program

The units that are in charge of carrying out the schemes shall:

a) Design and create promotional contents; promote these contents via mass media and trade promotion events;

b) Register, build, develop and upgrade the multilingual web portals and application software for the Program; rent a server and maintain a domain name; train and direct the method of use.

5. Organize seminars, conferences, forums to promote the Program domestically and overseas.

The units that are in charge of carrying out the schemes shall:

a) Disseminate information via mass media;

b) Invite organizations and enterprises to participate in seminars, conferences, forums;

c) Rent the hall, decorations, equipment, stage, receptionists, reporters, MC, interpreters, translators; print documents, stationery and provide tea break;

Rent online platforms, internet..

6. Organize Vietnamese National Brand Week domestically and overseas

The units that are in charge of carrying out the schemes shall:

a) Design, create promotional contents of the Program and products that are awarded the “Vietnamese National Brand” title.

b) Organize trade promotion events

- Disseminate information about via mass media;

- Invite organizations and enterprises to participate in trade promotion events;

- Organize conferences, seminars, forums, parades, exhibitions and other events;

- Organize fairs and exhibitions; organize opening ceremony and relevant events according to regulations of fairs and exhibitions;

- Rent online platforms, internet.

7. Organize award ceremonies to introduce the products that are awarded the “Vietnamese National Brand” title.

The units that are in charge of carrying out the schemes shall:

a) Appraise application for the “Vietnamese National Brand” title.

- Evaluate application for the “Vietnamese National Brand” title.

- Evaluate credit rating index of application for the “Vietnamese National Brand” title.

- Evaluate the brand awareness.

- Evaluate finance of application for the “Vietnamese National Brand” title.

- Organize actual appraisal in the enterprises

b) Organize Press Conference/Meeting to introduce and provide information about the award ceremonies

- Promote, invite organizations and enterprises to participate in the Press Conference/Meeting;

- Design, create and promote promotional contents of events;

- Rent the hall, decorations, equipment, stage, receptionists, reporters, MC, interpreters, translators; print documents, stationery and provide tea break;

- Rent online platforms, internet.

c) Organize audience

- Design, create and promote promotional contents of events;

- Rent the hall, decorations, equipment, stage and vehicles

d) Award ceremonies to introduce the enterprises whose products are awarded the “Vietnamese National Brand” title.

- Design, create and promote promotional contents of Vietnamese National Brand Program and the enterprises whose products are awarded the “Vietnamese National Brand” title.

- Disseminate information, invite organizations and enterprises to participate in the Award ceremonies;

- Rent the hall, decorations, equipment, stage, receptionists, reporters, MC, arts, interpreters, translators; print documents, stationery and provide tea break;

- Publicize on TV, electronic newspapers and online platforms

- Manufacture, repair and maintain the logo of Vietnam National Brand.

IV. RELEVANT ACTIVITIES

1. The managing organization of the unit shall be responsible for carrying out activities specified in this Appendix including post, telephone, stationery, business fee for the staffs who organize and hire consultants on bidding.

2. The relevant activities shall comply with regulations of the Law in order to carry out activities specified in this Appendix.

APPENDIX NO. 2

 CRITERIA OF “VIETNAMESE NATIONAL BRAND” TITLE
(Issued together with the Circular No. 25/2021/TT-BCT dated December 20, 2021 of The Minister of Industry and Trade on amendments to some articles of Circular No. 33/2019/TT-BCT))