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THE NATIONAL
ASSEMBLY
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THE SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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Law No.:
07/2017/QH14
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Hanoi, June 19,
2017
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LAW
ON
TECHNOLOGY TRANSFER
Pursuant to the Constitution of the Socialist Republic
of Vietnam;
The National Assembly promulgates the Law on
Technology Transfer.
Chapter I
GENERAL PROVISIONS
Article 1. Scope
This Law deals with the transfer of technologies in
Vietnam, from foreign countries to Vietnam and vice versa; rights and obligations
of organizations and individuals participating in technology transfer
activities; appraisal of technology applied to investment projects; technology
transfer agreements; measures to encourage the technology transfer, development
of the science and technology market; state management of technology transfer.
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For the purpose of this law, these terms are
construed as below:
1. Know-how means the information that is
gathered and obtained from the research, manufacturing and trading, and is
decisive factor in determining the quality and competitive ability of
technology and technological products. Know-how includes technical know-how and
technological know-how.
2. Technology refers to a solution, process
or know-how with or without accompanying instruments and facilities to convert
resources into products.
3. Advanced technology refers to the
technology which has a technological level higher than the current
technological level of the same type in Vietnam and has been applied to the
reality to improve the productivity and quality of products, and produce
high-quality and eco-friendly products.
4. New technology refers to the technology
which is developed or applied in Vietnam or in the world for the first time
with the technological level higher than the current technological level of the
same type in Vietnam, eco–friendly, applied to the reality and capable of
improving the productivity and quality of products.
5. Clean technology refers to the technology
that generates less environmental pollutants as defined in the law on technical
standards and regulations, and uses less non-renewable resources than existing
technology.
6. High technology means
the technology with a high content of scientific research and technological
development; which is integrated from modern scientific and technological
achievements; creates high-quality and eco-friendly products with high added
value and significant features; plays key role in forming new manufacturing or
service industry or modernizing an existing manufacturing or service industry.
7. Technology transfer refers to the
transfer of the ownership or the right to use a given technology from the party
that has the right to transfer such technology to the transferee.
8. Domestic technology transfer refers to
the transfer of technology which is made within the territory of Vietnam.
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10. Transfer of technology from Vietnam to
foreign countries refers to the transfer of a given technology which is
developed within the territory of Vietnam across border to a foreign country.
11. Commercialization of findings on scientific
research and technological development refers to the development,
finishing, application, transfer or other activities related to findings on
scientific research and technological development for profit purpose.
12. Technology incubation means a process to
create, finish and commercialize technology from technology ideas, findings of
scientific research and technological development or incomplete technology by
means of assistance activities in technical infrastructure, resources and
necessary services.
13. Science and technology business incubation means
a process to establish and develop science and technology enterprises by means
of assistance activities in technical infrastructure, resources and necessary
services.
14. Technology incubator or science and
technology business incubator is a facility that provides conditions as
required by law such as technical infrastructure, resources and necessary
services to serve the technology incubation or the science and technology
business incubation.
15. Technology innovation refers to the
partial or full replacement of existing technology by another one with the aims
of improving the productivity, quality and competitiveness of products.
16. Reverse engineering is the process of
discovering technological principles of a device, object or system through
research and analysis of its structure, design, function and operation in order
to maintain, operate, improve or make a new device, object or system that does
the same thing with the original or meets requirements defined in the national
technical standards and regulations.
17. Technology appraisal refers to the
evaluation of level and economic effects of a given technology, its
environmental and socio-economic impacts.
18. Technology valuation is the process of
estimating the monetary value of a technology by a technology valuation
authority or organization in conformity with the market price at a given place
and time to serve specific purposes as defined in the applicable valuation
standards.
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20. Technology transfer brokerage refers to
a set of activities which provide assistance in seeking parties interested in technology
transfer.
21. Technology transfer consultancy refers
to a set of activities which provide assistance in selecting and applying
technology; collecting information about technology, patients and/or findings
on scientific research and technological development; negotiating, concluding
and performing technology transfer agreements.
22. Promotion of technology transfer refers
to a set of activities which create and improve the transfer of technology;
provide services of advertising, exhibition and introduction of technology;
organize technology markets, trade fairs and exhibitions, points of technology
supply and demand, and technology transfer centers.
Article 3. State policies on
technology transfer
1. Ensure rights and legal interests and facilitate
organizations and individuals in carrying out technology transfer; develop
science and technology market and the national innovative system which focuses
on enterprises; improve the national technological level and potential with the
aims of protecting the national defense and security and ensuring rapid and
sustainable socio-economic development.
2. Diversify technology transfer forms and methods;
encourage the technology transfer from various sources.
3. Give priority to the transfer of high technology,
advanced technology, new technology, clean technology and technology serving
the development of national key products, and technology serving national
defense and security tasks both from foreign countries into Vietnam and
domestic transfer of such technology; allocate adequate resources for
technology transfer activities in agriculture and rural development; attach
special importance to technology transfer activities performed at regions
facing difficult or extremely difficult socio-economic conditions.
4. Assist technology ideas, innovative startups,
technology incubation, and science and technology business incubation; assist
application and innovation of technology, connection between scientific
research and technological development organizations and training facilities or
manufacturing facilities; attach special importance to the commercialization of
domestic findings on scientific research and technological development; develop
science and technology market intermediaries.
5. Speed up the transfer of advanced technology and
high technology from foreign countries to Vietnam; encourage the transfer of
technology from Vietnam to foreign countries; attach special importance to the
development of advanced technology and high technology in a large scale from
foreign-invested enterprises to domestic enterprises; speed up innovative
operations of organizations and individuals.
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Article 4. Transferable
technologies
1. One or some of the following technologies are
transferable:
a) Technical know-how and technological know-how;
b) Technology plans or processes; engineering solutions,
parameters, drawings or diagrams; formula, computer software and database;
c) Solutions for rationalization of production and
technology innovation;
d) Accompanying machinery and/or equipment of
transferable technologies mentioned in Points a, b and c of this Clause.
2. In case transferable technologies specified in
Clause 1 of this Article are subject to intellectual property (IP) rights
protection, the transfer of the intellectual property rights shall be carried
out in accordance with regulations of the Law on intellectual property.
Article 5. Forms of technology
transfer
1. Independent technology transfer contract.
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a) Investment project;
b) Making capital contribution by technology;
c) Franchise agreement;
d) Transfer of IP rights;
dd) Purchase or sale of machinery/ equipment
mentioned in Point d Clause 1 Article 4 herein.
3. Technology transfer may be implemented under
other forms as regulated by law.
4. The technology transfer prescribed in Clause 1
and Point b Clause 2 of this Article must be implemented under written
agreements; the technology transfer prescribed in Points a, c, d and dd Clause
2 and Clause 3 of this Article may be implemented under contracts or terms or
provisions or appendixes of contract or dossier of the investment project which
must include all of contents mentioned in Article 23 herein.
Article 6. Methods of
technology transfer
1. Transfer of documents concerning technology.
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3. Appointment of expert(s) to provide technical
support to the transferee in order that the transferee may apply or put the
transferred technology into operation to achieve criteria of product quality or
progress as agreed upon by the parties.
4. Transfer of accompanying machinery/ equipment of
the technology prescribed in Point d Clause 1 Article 4 herein under the
methods specified in this Article.
5. Other technology transfer methods as agreed upon
by the parties.
Article 7. Rights to make
technology transfer
1. A technology owner shall have the right to
transfer the ownership or the right to use such technology.
2. An organization or individual that is entitled
to use a given technology may transfer the right to use such technology to
another one but it requires the technology owner's approval.
3. The scope of transfer of the right to use a
technology shall be agreed upon by the parties. To be specific:
a) Exclusive or non-exclusive right to use such
technology;
b) The transferee’s right to re-transfer the right
to use such technology to a third party.
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An organization or individual that has the right to
transfer technology as prescribed in Article 7 herein is entitled to make
capital contribution by technology to investment projects; in case of investment
project funded by the State, the technology which is used to make capital
contribution to such project must be valued in accordance with regulations of
law.
Article 9. Technologies
encouraged for transfer
1. High technologies; accompanying machinery/
equipment of high technologies the transfer of which is encouraged under
regulations of the law on high technologies.
2. Advanced technologies, new technologies and
clean technologies that are suitable for socio-economic conditions of Vietnam
shall be encouraged for transfer from foreign countries to Vietnam or
domestically if any of the following requirements is satisfied:
a) Produce high-quality and highly competitive
products against those produced by the existing technology of the same type;
b) Produce national key products from domestic
findings on scientific research and technological development;
c) Generate new manufacturing and processing
services/ industries/ sectors; breed/ cultivate new varieties which have been
tested;
d) Save resources, energy or fuels in comparison
with the existing technology of the same type in Vietnam;
dd) Generate or use new or renewable energy; store
energy in highly efficient way;
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g) Discover, handle or forecast natural disasters
or epidemic diseases; serve search and rescue activities; protect environment
and cope with climate change and reduce the greenhouse gas emission;
h) Assist the consistent production according
production chains with high socio-economic efficiency;
i) Create products which concurrently serve
national defense, security and civil purposes;
k) Develop and modernize traditional handicrafts.
3. Technologies; machinery/equipment accompanying
the technologies which are mentioned in Point d Clause 1 Article 4 herein and
exist in Vietnam, excluding the technologies prescribed in Clause 1 and Clause
2 of this Article, Clause 2 Article 10 herein; technologies operated by fuels
which are domestically produced products or haft-way products are encouraged
for transfer to foreign countries.
4. The Government is responsible for promulgating
the List of technologies encouraged for transfer.
Article 10. Technologies
restricted from transferring
1. The transfer of the following technologies from
foreign countries to Vietnam or domestically shall be restricted:
a) Technologies that are no longer popular in
industrialized countries; accompany machinery/equipment of such technologies;
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c) Technologies that make products by adopting
genetic engineering;
d) Technologies that use or create radioactive
substances in conformity with the national technical standards and regulations;
dd) Technologies that use resources or minerals the
extraction of which is limited domestically;
e) Technologies that are employed to propagate,
raise or cultivate new varieties which are not yet tested;
g) Technologies that are employed to create
products adversely influencing on customs and habits, traditions and social
ethnics.
2. The transfer of the following technologies from
Vietnam to foreign countries shall be restricted:
a) Technologies that are employed to create
traditional products or perform production activities according to traditional
know-how or use or create categories/ species of agricultural varieties,
minerals or typical precious materials of Vietnam;
b) Technologies that are employed to create
products to export to the markets in which there are products competitive with
the main export products of Vietnam.
3. The Government is responsible for promulgating
the List of technologies restricted from transferring.
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1. The transfer of the following technologies from
foreign countries to Vietnam or domestically shall be banned:
a) Technologies that fail to satisfy regulations of
laws on occupational safety and sanitation, protection of human health,
resources and environment protection, and biodiversity;
b) Technologies that are employed to create products
adversely influencing on social – economic development or adversely influencing
on the national defense and security or social order and security;
c) Technologies that are no longer popularly used
and transferred in developing countries and fail to satisfy national technical
standards and regulations;
d) Technologies that use toxic chemicals or
generate hazardous waste that fails to satisfy the national technical standards
and regulations on environment;
dd) Technologies that use or create radioactive
substances that fail to satisfy the national technical standards and
regulations.
2. The transfer of technologies on the List of
state secrets from Vietnam to foreign countries is also banned, unless
otherwise stipulated by law.
3. The Government is responsible for promulgating
the List of technologies banned from transferring.
Article 12. Prohibited acts in
technology transfer
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2. Carrying out the transfer of technologies which
are banned from transferring; illegally transferring technologies which are
restricted from transferring.
3. Committing violations against regulations on
rights to transfer technology.
4. Committing deceits or frauds in making and
performing technology transfer agreements, technology transfer service
contracts, and technology-related contents specified in contracts or investment
project dossiers.
5. Obstructing the provision of, or refusing to
provide information concerning technology transfer activities upon requests of
regulatory authorities.
6. Disclosing technological secrets inconsistently
with the law or obstructing technology transfer activities.
7. Using/ applying technologies other than those
approved or permitted by regulatory authorities.
Chapter II
APPRAISAL OF TECHNOLOGY
APPLIED TO INVESTMENT PROJECT
Article 13. Appraisal or
comment on technology applied to investment project
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2. In course of issuing investment policies under
regulations of the Law on investment, investors must ask regulatory authorities
for appraisal or comment on the technologies applied to the following
investment projects:
a) Investment project that applies technology on
the List of technologies restricted from transferring;
b) Investment project that applies technology and
may pose risk of adversely influencing on the environment under regulations of
the law on environment protection.
3. When making decision on investment policies, the
appraisal or comment on technologies is performed as follows:
a) The technologies applied to investment projects
that apply technologies restricted from transferring or investment projects
that apply technologies and may pose risk of adversely influencing on the
environment under regulations of the law on environment protection must be
appraised or commented in accordance with regulations herein;
b) Technologies applied to investment projects
which are not defined in Point a of this Clause shall be appraised in
accordance with regulations of the Law on Construction;
c) Technologies applied to investment projects that
use public investment and do not have project components shall be appraised in
accordance with regulations of the law on public investment.
4. In course of implementation of an approved
investment project, if there is change in the technology applied to such
investment project, the investor must submit report to the authority that has
appraised or commented on such technology on such change for consideration.
Article 14. Power to appraise
or comment on technology in the phase of issuing investment policy
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2. The power to appraise or comment on the
technologies applied the projects mentioned in Point a Clause 2 Article 13
herein or projects that use technologies restricted from transferring and may
pose risk of adversely influencing on the environment is stipulated as below:
a) The State appraisal board shall be responsible
for carrying out the appraisal of technologies applied to investment projects
the investment policies of which are subject to decision of the National
Assembly;
b) The Ministry of Science and Technology shall
take charge and cooperate with relevant authorities and organizations to
comment on technologies applied to investment projects the investment policies
of which are subject to decision by the Prime Minister;
c) Specialized science and technology agencies
affiliated to the Provincial-level People’s Committees shall take charge and
cooperate with relevant authorities and organizations to comment on technologies
applied to investment projects which require decision on investment policies
and are not subject to the cases defined in Point a and Point b of this Clause.
3. The power to appraise or comment on the
technologies applied the projects mentioned in Point b Clause 2 Article 13
herein is stipulated as below:
a) The State appraisal board shall be responsible
for carrying out the appraisal of technologies applied to investment projects
the investment policies of which are subject to decision of the National
Assembly;
b) Supervisory ministries shall take charge and
cooperate with the Ministry of Science and Technology, relevant authorities and
organizations to comment on technologies applied to investment projects the
investment policies of which are subject to decision by the Prime Minister;
c) Specialized agencies affiliated to the
Provincial-level People’s Committees shall take charge and cooperate with
relevant authorities and organizations to comment on technologies applied to
investment projects which require decision on investment policies and are not
subject to cases defined in Point a and Point b of this Clause.
Article 15. Power to appraise
or comment on technology in the phase of making investment decision
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a) The State appraisal board shall appraise the
technologies applied to nationally significant projects;
b) Specialized construction agencies as defined by
the Law on Construction shall take charge and cooperate with the same-level
agencies performing state management of industries/ sectors shall appraise
technologies applied to group-A, B and C state-funded investment projects;
c) Agencies performing state management of
industries/ sectors shall appraise or comment on technologies applied to
group-A, B and C projects using non-state budget funding and other funding
sources.
2. The power to appraise the technologies applied
the investment projects mentioned in Point b Clause 3 Article 13 herein shall
comply with regulations of the Law on Construction.
3. The power to appraise the technologies applied
the investment projects mentioned in Point c Clause 3 Article 13 herein shall
comply with regulations of the Law on Public Investment.
Article 16. Explanation about
application of technology in investment project dossier
1. In course of issuing investment policies, the
technology-related contents explained in the investment project dossier
include:
a) Analysis and selection of technology plans;
b) Name and origin of technology, technology
process diagram; list of main machinery/ equipment of technology lines in the
selected technology plan, their status and specifications;
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d) Plan for training or giving technical assistance
in operating technology lines (if any);
dd) Technology application conditions;
e) Preliminary environmental impact assessment (if
any);
g) Technology transfer agreement draft (if the
contribution in form of technology is included).
2. When applying for investment decision, the
technology-related contents explained in the investment project dossier
include:
a) Name and origin of technology, technology
process diagram; list of main machinery/ equipment of technology lines, their
status and specifications;
b) Products and their quality standards;
c) The possibility of supplying materials, fuels to
technology lines;
d) Training or providing technical assistance for
operating technology lines;
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Article 17. Procedures for
appraisal or comment on technology applied to investment project in the phase
of making decision on investment policy
Procedures for appraisal or comment on applied
technology in the phase of issuing investment policy are stipulated as follows:
1. Procedures for appraisal of technology applied
to the investment project that uses public investment shall comply with
regulations of the Law on Public Investment;
2. Procedures for appraisal of technologies applied
the investment projects mentioned in Clause 2 Article 13 herein of which
investment policies are subject to decision of the National Assembly shall
comply with regulations of the Law on Investment;
3. With regard to the investment projects mentioned
in Point a Clause 2 Article 13 herein of which investment policies are subject
to decision of the Prime Minister, within a duration of 03 days as from the
receipt of sufficient project dossier, the investment registration agency shall
send such investment project dossier to the Ministry of Science and Technology
for comment on technology;
4. With regard to investment projects mentioned in
Point a Clause 2 Article 13 herein of which investment policies are subject to
decision of neither the National Assembly nor the Prime Minister, within a
duration of 03 days as from the receipt of sufficient project dossiers, the
investment registration agencies shall send such investment project dossiers to
specialized science and technology agencies affiliated to the Provincial-level
People's Committees for comment on technologies;
5. With regard to the investment projects mentioned
in Point b Clause 2 Article 13 herein of which investment policies are subject
to decision of the Prime Minister, within a duration of 03 days as from the
receipt of sufficient project dossiers, the investment registration agencies
shall send such investment project dossiers to supervisory ministries for
comment on technology;
6. With regard to investment projects mentioned in
Point b Clause 2 Article 13 herein of which investment policies are subject to
decision of neither the National Assembly nor the Prime Minister, within a
duration of 03 days as from the receipt of sufficient project dossiers, the
investment registration agencies shall send such investment project dossiers to
specialized agencies affiliated to the Provincial-level People's Committees for
comment on technologies;
7. The duration for comment on technology applied
to an investment project as prescribed in this Article is 15 days from the
receipt of sufficient project dossier.
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1. The procedures for appraisal or comment on the
technologies applied the projects mentioned in Point a Clause 3 Article 13
herein in the phase of making investment decision is stipulated as below:
a) Procedures for appraisal of technologies applied
to nationally significant projects shall comply with regulations of the Law on
Investment and the Law on Public Investment;
b) With regard to group-A, B and C state-funded
investment projects, within a duration of 05 working days from the receipt of
sufficient project dossiers, specialized construction agencies as defined by
the Law on Construction shall send written requests enclosed with copies of
relevant documents to the same-level agencies performing state management of
industries/ sectors for comment on technologies;
c) With regard to group-A, B and C projects using
non-state budget funding and other funding sources, the investors shall
simultaneously send fundamental designs to specialized construction agencies as
defined by the Law on Construction for appraising fundamental designs,
excluding appraisal of technological design, and agencies performing state
management of industries/ sectors at the same level with specialized
construction agencies for comment on technological design.
In case a specialized construction agency performs
state management of industry/sector, such specialized construction agency shall
take charge of appraising the project’s fundamental design which includes
technological design.
d) The duration for comment on technology shall be
20 days for Group-A project, 15 days for Group-B project and 10 days for
Group-C project from the receipt of sufficient project dossier; the comment on
technology may be extended for a period not exceeding the duration prescribed
hereto. Regulatory authorities shall give written notification of extension
stating extension reasons to specialized construction agencies or investors.
In case a specialized construction agency performs
state management of industry/sector, the duration for appraising technological
design shall be included in the duration for appraising fundamental design as
prescribed by the Law on Construction.
2. Procedures for appraisal of technologies applied
the investment projects mentioned in Point b Clause 3 Article 13 herein shall
comply with regulations of the Law on Construction.
3. Procedures for appraisal of technologies applied
the investment projects mentioned in Point c Clause 3 Article 13 herein shall
comply with regulations of the Law on Public Investment.
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1. Elements of appraisal or requiring comment on
technology in the phase of issuing investment policy include:
a) The rationality of selected technology plan;
b) Technology verification in developed countries
(if any);
c) Training or provision of technical assistance
for operating technology lines of the investment project (if any);
d) The satisfaction of requirements for application
of technology;
dd) Preliminary environmental impact assessment;
e) Technology transfer agreement draft (if any);
g) With regard to an investment project in the
high-tech park, elements of appraisal or requiring comment on technology shall
comply with provisions in this clause and satisfy criteria or standards under
regulations of the law on high technology.
2. Elements of appraisal or requiring comment on
technology in the phase of making investment decision include:
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b) Products and their quality standards;
c) The compatibility and possibility of supplying
materials and fuels to operate technology line, machinery, equipment;
d) Training or providing technical assistance for
operating technology line, machinery, equipment;
dd) Costs of investment in technology, machinery,
equipment, training and technical assistance.
Article 20. Processes of
appraisal or giving opinion about technology applied to investment project
1. Agencies that have the power to appraise or
comment on technologies applied to investment projects as prescribed by law
shall take charge of holding appraisal of or comment on technologies applied to
investment projects; where necessary, the consultation may be held in any of
the following methods:
a) Setting up a science and technology consulting
board;
b) Collecting opinions from independent
consultants.
2. The consulting board is established according to
decision of the presiding agency in charge of commenting on technology. The
consulting board must work on a democratic, impartial and fair manner in
conformity with the laws and professional ethics. The consulting board shall
be responsible for its conclusion and proposals to the establishing agency.
Such conclusion and proposals must be made in writing.
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4. Funding for collecting opinions on technology
applied to an investment project:
a) In the phase of issuing investment policy, the
collection of opinion on technology shall be funded by state budget;
b) In the phase of issuing investment
decision, expenditure for collecting opinion on technology shall be covered by
the investor and included in the project’s total investment.
Article 21. Inspection of
technology applied to investment project and technology transfer
1. The application and transfer of technology to an
investment project under regulations in Article 13 herein must be properly
inspected.
2. Investment authorities shall take charge of and
cooperate with specialized authorities in inspecting technologies applied to
investment projects when conducting the investment inspection under regulations
of law.
3. Science and technology authorities shall take
charge of and cooperate with relevant authorities to inspect the technology
transfer in the following cases:
a) According to plans;
b) Upon detection of signs of violations against
regulations on application and transfer of technologies in course of
implementation of investment projects and technology transfer.
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TECHNOLOGY TRANSFER
AGREEMENT
Article 22. Conclusion and
performance of technology transfer agreement
1. A technology transfer agreement must be
concluded in writing or in any forms which are considered as written
transactions under regulations of the Civil Code. The agreement must be signed
and sealed (if any) by the parties; all pages of the agreement or its
appendixes must be initialed and sealed (if any).
2. The language used in the agreement shall be
agreed upon by the parties.
3. The technology transfer agreement is concluded
and performed in accordance with regulations of this Law, the Civil Code, and
the Law on Commerce, the Law on Intellectual Property, the Competition Law and
relevant laws.
Article 23. Contents of a
technology transfer agreement
1. Name of technology to be transferred.
2. Technologies to be transferred, products created
by the transferred technology, their quality standards.
3. Transfer of the ownership and/or the right to
use technology.
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5. Rights and obligations of the parties.
6. Price and method of payment.
7. Duration and effective date of the technology
transfer agreement.
8. Definitions and terms used in the technology
transfer agreement (if any).
9. Technology transfer plan or schedule, and
location.
10. Warranty on transferred technology.
11. Penalty for breach of agreement.
12. Liability for breach of agreement.
13. Dispute resolution authority.
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Article 24. Duration and
effective date of the technology transfer agreement
1. Duration of a technology transfer agreement
shall be agreed upon by the parties.
2. The effective date of a technology transfer
agreement shall be agreed upon by the parties. In case the parties fail to agree
on the effective date, the technology transfer agreement shall become effective
as from the date on which it is signed, excluding the cases prescribed in
Clause 3 of this Article.
3. An agreement for transfer of technology
restricted from transferring shall become effective as from the issued date of
the technology transfer permit.
The technology transfer agreement which must be
registered under regulations in Clause 1 and Clause 2 Article 31 herein shall
become effective as from the issued date of Certificate of registration of
technology transfer. If a technology transfer agreement is extended or revised,
the written agreement on extension or revision shall become effective as from
the issued date of Certificate of registration of technology transfer extension
or revision.
Article 25. Rights and
obligations of the transferor
1. The transferor has the following rights:
a) Request the transferee to strictly comply with
provisions of the technology transfer agreement;
b) Receive full payment and enjoy other rights and
interests as specified in the technology transfer agreement;
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d) Request regulatory authorities to protect rights
and legal interests related to the transferred technology;
dd) Request the transferee to implement corrective
measures and make compensation for damage in case the transferee fails to
fulfill its obligations specified in the technology transfer agreement, unless
otherwise agreed;
e) Have other rights as defined by law.
2. The transferor must discharge the following
obligations:
a) Ensure that the right to transfer technology is
legal and not limited by the third party, unless otherwise agreed;
b) Comply with provisions specified in the
technology transfer agreement; make compensation for damage caused to the
transferee and/or the third party due to the transferor’s breach of agreement;
c) Keep secret of technology-related information
and other information in course of negotiation, conclusion and performance of
the technology transfer agreement;
d) Give a notification to the transferee and
implement appropriate measures upon discovery of any technical difficulties
which may result in the transferred technology fails to satisfy requirements
specified in the agreement;
dd) Apply for permit to transfer technology which
is restricted from transferring from Vietnam to foreign countries, unless
otherwise agreed upon by the parties;
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Article 26. Rights and
obligations of the transferee
1. The transferee has the following rights:
a) Request the transferor to strictly comply with
provisions of the technology transfer agreement;
b) Request regulatory authorities to protect rights
and legal interests related to the transferred technology;
c) Hire an organization or individual to make
technology transfer as regulated by law;
d) Request the transferor to implement corrective
measures and make compensation for damage in case the transferor fails to
fulfill its obligations specified in the technology transfer agreement, unless
otherwise agreed;
dd) Have other rights as defined by law.
2. The transferee must discharge the following
obligations:
a) Comply with provisions specified in the technology
transfer agreement; make compensation for damage caused to the transferor
and/or the third party due to the transferee’s breach of agreement;
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c) Apply for permit to transfer technology which is
restricted from transferring from a foreign country to Vietnam, unless
otherwise agreed upon by the parties;
d) Fulfill financial obligations and other
obligations as regulated by law.
Article 27. Price for
technology transfer and payment method
1. The price for transferring technology shall be
subject to agreement between the parties.
2. The payment may be made by adopting any of the
following methods:
a) One-off or multiple payments in cash or by
goods;
b) Transfer of technology value as capital
contribution to the investment project or enterprise under regulations of law;
c) Payment by percentage (%) of the net selling
price;
d) Payment by percentage (%) of the net revenue;
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e) Other payment method as agreed upon by the
parties.
3. The price of transferred technology must be
audited and applied in accordance with regulations of the Law on taxation and
prices in the following cases:
a) Technology is transferred between the parties
among which one or both parties have state funding;
v) Technology is transferred between the parties
having parent company-subsidiary company relationship;
c) Technology is transferred between the parties
having association relationship as prescribed by the law on taxation.
4. The Government shall promulgate detailed
regulations on this Article.
Article 28. Transfer of
technology restricted from transferring
1. An organization or individual that wants to
transfer any of the technologies restricted from transferring as prescribed in
Article 10 herein must apply for a technology transfer permit.
2. The issuance of technology transfer permit must
comply with the following order:
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The transfer of technologies applied to investment
projects which have been appraised or given opinions in the phase of issuing
investment policies or investment decisions is exempted from approval for
technology transfer;
b) Issuing technology transfer permit.
3. Transferees of technologies which are
transferred from foreign countries to Vietnam or transferred domestically and
transferors of technologies which are transferred from Vietnam to foreign
countries must prepare annual reports on their performance of technology
transfer agreements under regulations by the Ministry of Science and
Technology.
Article 29. Application and
procedures for approval for technology transfer
1. An application for an approval for technology
transfer includes:
a) The application form for an approval for
technology transfer;
b) Proof of legal status of the applicant;
c) Written explanation for technology to be
transferred;
d) Written explanation for conditions for applying
transferred technology in accordance with regulations of law;
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2. The organization or individual that wants to make
transfer of technology restricted from transferring shall send an application
for approval for technology transfer to the Ministry of Science and Technology.
3. Within 03 working days from the receipt of
application, the Ministry of Science and Technology shall consider and request
the applicant to supplement the application in accordance with regulations.
4. Within 30 days from the receipt of sufficient
application, the Ministry of Science and Technology shall take charge of and
cooperate with relevant ministries to give a written approval for technology
transfer. If the application is refused, a written response which specifies
reasons for refusal shall be given to the applicant.
5. Minister of Science and Technology is
responsible for promulgating the templates of the application form for approval
for technology transfer and explanation for technology.
Article 30. Application and
procedures for issuance of technology transfer permit
1. An application for a technology transfer permit
includes:
a) The application form for a technology transfer
permit, which specifies the parties’ responsibility to ensure the compliance of
contents of the technology transfer agreement with relevant laws;
b) Proof of legal status of the parties entering
into the technology transfer agreement;
c) The original in Vietnamese or the certified copy
of the technology transfer agreement. In case of unavailability of the
technology transfer agreement in Vietnamese language, the notarized or
certified translation into Vietnamese language shall be submitted;
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dd) The certified copy of IP Rights Certificate for
objects subject to IP Rights protection (if any);
e) Quality standards of products created by
applying the transferred technology;
g) Explanation for conditions for using technology;
h) The written record of valuation of transferred
technology in case the transferee uses state funding.
2. Upon the receipt of approval for technology
transfer from the Ministry of Science and Technology, the parties shall
conclude a technology transfer agreement.
3. Within 60 days from the conclusion of the
technology transfer agreement, the party that is obliged to apply for a
technology transfer permit shall send an application for a technology transfer
permit to the Ministry of Science and Technology.
4. Within 05 working days from the receipt of
application, the Ministry of Science and Technology shall consider and request
the applicant to supplement the application in accordance with regulations.
Within 60 days from the receipt of the written
request for supplementation of the application, the applicant must supplement
required documents or submit an application for extension of deadline for
supplementing documents. The extension given to supplement the application
shall not exceed 60 days. Over this period, if the applicant fails to
supplement required documents, the Ministry of Science and Technology shall
give a written notification of refusal to issue the technology transfer permit
and return the application as requested.
5. Within 15 working days from the receipt of
sufficient application, the Ministry of Science and Technology shall process
the application and grant a technology transfer permit to the applicant. If the
application is refused, a written response which specifies reasons thereof
shall be given.
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7. Minister of Science and Technology is
responsible for promulgating the template of the application form for a
technology transfer permit and the technology transfer permit template.
Article 31. Registration of
technology transfer
1. Technology transfer agreement and part of
technology transfer laid down in Clause 2 Article 5 herein must be registered
with science and technology authorities in the following cases, excluding the
transfer of technologies restricted from transferring which have been granted
technology transfer permit:
a) Transfer of technology from a foreign country to
Vietnam;
b) Transfer of technology from Vietnam to a foreign
country;
c) Domestic technology transfer with use of state
funding or state budget, excluding cases where Certificate of registration of
science and technology task outcomes is available.
2. The Government encourages organizations and
individuals to carry out the registration of technology transfer agreement in
cases other than those prescribed in Clause 1 of this Article.
3. An application for registration of technology
transfer includes:
a) The application form for registration of
technology transfer, which specifies the parties’ responsibility to ensure the compliance
of contents of the technology transfer agreement with relevant laws;
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4. Within 90 days from the conclusion of the
technology transfer agreement, the party that is obliged to apply for
registration of technology transfer shall send an application for Certificate
of registration of technology transfer to the science and technology authority.
5. Within 05 working days from the receipt of
sufficient application, the science and technology authority shall process the
application and grant a Certificate of registration of technology transfer to
the applicant. If an application is refused, a written response which specifies
reasons thereof shall be given to the applicant.
6. Science and technology authorities are entitled
to refuse applications for Certificate of registration of technology transfer
in the following cases:
a) A technology transfer agreement which is made
for transfer of technology restricted from transferring;
b) An agreement which does not specify transferable
technology or technology transfer contents;
c) An agreement whose contents are in contravention
to regulations of this law.
7. The Government shall promulgate detailed
regulations on this Article.
Article 32. Validity of
technology transfer permit/ Certificate of registration of technology transfer
1. Technology transfer permit/ Certificate of
registration of technology transfer shall become effective as from the issued
date.
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a) Failing to comply with provisions in the
technology transfer permit or Certificate of registration of technology
transfer;
b) Forging the application for the technology
transfer permit or Certificate of registration of technology transfer;
c) At the request of a regulatory authority in case
the holder commits violations against regulations of relevant laws.
3. If an organization or individual has been
granted the Certificate of registration of technology transfer and enjoyed
supports or incentives under regulations of law but such Certificate is
nullified, the Certificate holder is responsible for returning received
supports or incentives to the Government in accordance with the Government's
regulations.
Article 33. Extension and
revisions to technology transfer
1. If the parties reach an agreement on extension
or revisions to the technology transfer of which Certificate of registration
has been granted, the parties must submit the application prescribed in Clause
2 of this Article to the issuing authority of Certificate of registration of
technology transfer for Certificate of registration of extension or revisions
to the technology transfer under regulations of law.
2. An application for extension or revisions to
technology transfer includes:
a) The application form for extension or revisions
to technology transfer;
b) The original in Vietnamese language or the
certified copy of the written agreement on extension or revisions. In case of
unavailability of an agreement in Vietnamese language, the notarized or
certified translation of such agreement into Vietnamese language shall be
submitted.
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4. Minister of Science and Technology shall assume
responsibility to promulgate the template of the application form for extension
or revisions to technology transfer and the template of Certificate of
registration of extension or revisions to technology transfer.
Article 34. Responsibility to
keep secret in the course of issuing technology transfer permit or Certificate
of registration of technology transfer
Authorities and/or individuals responsible for
issuing the technology transfer permit or Certificate of registration of
technology transfer shall assume responsibility to keep secret of
application-related information.
Chapter IV
MEASURES TO PROMOTE TECHNOLOGY
TRANSFER AND SCIENCE AND TECHNOLOGY MARKET DEVELOPMENT
Section 1. PROMOTION OF
TECHNOLOGY APPLICATION AND INNOVATION
Article 35. Supports and
incentives for enterprises to develop technology application and innovation
1. The Government shall give supports to
enterprises that have projects in regions or sectors eligible for investment
incentives to carry out technology transfer activities with science and
technology organizations.
2. Enterprises may use funding from their science
and technology development funds to make investment, provide or receive
counterpart funds for developing technology innovation, technology incubation,
science and technology business incubation, innovative startups,
commercialization of their findings on scientific research and technological
development and covering other expenditures under regulations of the law on
science and technology.
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The National Foundation for Science and Technology
Development, the National Technology Innovation Fund or credit institutions may
receive the property rights as prescribed in this Clause as collaterals for
loans for investment in science and technology projects, innovative startups,
or development of findings on scientific research and technological
development.
4. The Government encourages the cooperation under
any forms between enterprises and authorities, organizations or individuals in
developing technology innovation projects, innovative startups, or upgrading
infrastructure facilities to serve science and technology development and general
research activities.
5. Enterprises that make investment in material –
technical facilities to serve reverse engineering, organizations or individuals
that carry out the reverse engineering are entitled to the following
incentives:
a) Receive supports, guarantee for loans or
preferential loan interest rate from the National Technology Innovation Fund or
credit institutions;
b) Enjoy other supports or incentives in accordance
with regulations herein and relevant laws.
6. Socio-political organizations, social
organizations and socio-professional organizations shall, within the ambit of
their assigned functions and duties, facilitate organizations, individuals and
enterprises in performing technology transfer activities.
7. The Government shall promulgate detailed
regulations on this Article.
Article 36. Promoting
commercialization of findings on scientific research and technological
development
1. Findings on scientific research and
technological development which are considered as public property shall be
managed and used in accordance with regulations of the law on management and
use of public property.
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a) If the Government provides funding for
performing scientific research and technology development tasks for an entity
that makes investment in material - technical facilities and/or financial
investment and concurrently acts as the presiding entity of such scientific
research and technology development tasks, the ownership of findings on such
scientific research and technology development tasks shall be given to this
entity.
b) If the Government provides funding for
performing scientific research and technology development tasks on the basis of
cooperation between an entity that makes investment in material - technical
facilities and/or financial investment and the presiding entity of such
scientific research and technology development tasks, the ownership of findings
on such scientific research and technology development tasks shall be given
under the agreement between the parties.
3. Profits accrued from the commercialization of
findings on scientific research and technological development funded by state
budget must be divided so as to ensure interests of owners, authors, presiding
entity, intermediaries, organizations and individuals involved in such
commercialization activities in accordance with relevant laws.
4. If findings on scientific research and
technological development which have been self-financed and performed by an
organization or individual are effectively transferred and applied, and
recognized by science and technology authorities, such organization or
individual may get financial supports from state budget. In case such findings
are found important for the socio-economic development as well as national
defense and security, the Government shall consider purchasing such findings.
Science and technology authorities shall assume
responsibility to collect, appraise, select, recognize and announce findings on
scientific research and technological development to serve demands for
innovation of organizations and individuals.
5. Science and technology organizations that own
findings on scientific research and technological development and associate
with local organizations applying or transferring technology may receive
funding from state budget to develop such findings in conformity with local
features.
6. Individuals that work at research institutions
or higher education institutions and do research on technology transfer,
application and/or innovation at production and/or business establishment may
receive funding for science and technology activities from state budget and other
lawful funding sources.
7. Facilities and equipment serving the performance
of science and technology tasks shall be managed, used and settled in
accordance with regulations of the law on management of public property.
8. The Government shall facilitate the
establishment of industrial property rights, certification and registration of
new products or new technologies by organizations or individuals conducting
commercialization of findings on scientific research and technological
development or technology transfer activities.
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Article 37. National
technology innovation program
1. Objectives of the National technology innovation
program:
a) Improve the national technological capacity and
technology transfer efficiency;
b) Serve the development of national key products;
c) Facilitate small-size and medium-size
enterprises’ application of technologies, commercialization of findings on
scientific research and technological development and/or technology innovation;
d) Intensify technological resources in rural
regions, mountainous regions, and regions facing difficult or extremely
difficult socio-economic conditions.
2. Based on the national socio-economic development
tasks in each period, Ministry of Science and Technology shall take charge of
and cooperate with relevant ministries, ministerial-level agencies and the
Government's affiliates to formulate and submit the National technology
innovation program to the Prime Minister for approval.
Article 38. National
Technology Innovation Fund
1. Objectives of the National Technology Innovation
Fund:
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b) Promote the transfer of technologies serving
agricultural development in rural regions, mountainous regions and regions
facing difficult or extremely difficult socio-economic conditions;
c) Assist technology incubation, science and
technology business incubation and reverse engineering activities;
d) Assist training for science and technology
personnel to serve the transfer, innovation and finishing of technologies.
2. The National Technology Innovation Fund shall
provide assistance in the following forms:
a) Give concessional loans;
b) Grant loan interest rate subsidy;
c) Give loan guarantee;
d) Give financial support.
3. The National Technology Innovation Fund is
established from the following sources of funding:
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b) Loan interests;
c) Charter capital supported by state budget;
d) Other lawful funding sources.
4. The Prime Minister shall make decision on
establishment, management and use of funding from the National Technology
Innovation Fund.
Article 39. Tax policies aimed
at promoting technology transfer, application and innovation
The following entities are eligible for tax
incentives in accordance with regulations of the law on taxation:
1. Machinery, equipment, components, materials,
specimens or technologies which are not yet created domestically and are
imported to directly serve research and development, reverse engineering,
technology innovation and technology transfer; scientific documents, books and
journals that serve innovative startups and science and technology business
development;
2. Technology incubators, science and technology
business incubators, organizations or individuals investing in and supporting
innovative startups; science and technology market intermediaries that have
earnings from provision of technology transfer services;
3. Transferors of technology from Vietnam to
foreign countries; organizations or individuals carrying out scientific
research and technology development activities, technology transfer and/or
reverse engineering at enterprises;
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Article 40. Developing
technologies that create and finish national key products
1. Prioritize the transfer of technologies which
are adopted to create national key products from findings on domestic
scientific research and technological development.
2. Encourage the development of technologies which
are adopted to create and finish national key products that are highly
competitive in both domestic and foreign market.
3. The Government adopts specific policies and
measures to step up the completion of Vietnam’s machinery and equipment design
and/or manufacturing in order produce competitive products.
4. Enterprises and entities that transfer, apply
and perfect technologies which are adopted to create national key
products are entitled to enjoy preferential treatment under regulations of law.
5. The Government shall promulgate detailed
regulations on this Article.
Section 2. SCIENCE AND
TECHNOLOGY MARKET DEVELOPMENT
Article 41. Science and
technology market development strategies
1. The Government adopts specific policies and
measures to support or make investment in the science and technology sector with
funding from state budget, and mobilize other lawful funding sources to develop
the science and technology market by means of developing sources of
technological supply and demand, and science and technology market
intermediaries as prescribed Article 42 and Article 43 herein.
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Article 42. Developing sources
of supply and demand in science and technology market
Sources of supply and demand in science and
technology market may be developed by means of the following activities:
1. Importing, reverse-engineering or owning high
technology, advanced technology and/or clean technology to serve the
implementation of national and regional socio-economic development plans and/or
strategies;
2. Purchasing and doing research on perfecting
inventions or initiatives which have been effectively applied in a small scale
and then transferring them to enterprises or disseminating them to people;
3. Improving the extraction and application of
findings on scientific research and technological development, technological
ideas by science and technology businesses, high technology enterprises,
innovative startups, entities supporting innovation or innovative startups,
technology incubators, science and technology business incubators, and
high-tech business incubators;
4. Evaluating new technologies and new products
which are generated in Vietnam from findings on scientific research and
technological development with price and quality equivalent to those of the
imported ones in order to encourage the application of such new technologies/
products to investment projects funded by state budget or give priority to them
in course of bidding for purchase and supply of public products and services;
5. Training and improving enterprises’ capacity for
adopting and owning technologies; carrying out the commercialization of
findings on scientific research and technological development; associating,
cooperating or exchanging science and technology personnel between research
institutes or training institutions and production and business establishments;
6. Collecting and providing technology-related
information to enterprises, business associations, industry associations,
cooperatives, intellectual property, investment promotion or trade promotion service
providers;
7. The Government shall promulgate detailed
regulations on this Article.
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1. Science and technology market intermediaries
provide technology transfer brokerage, consultancy and promotion services,
technology appraisal, valuation and assessment services, connection and
assistance services for suppliers, demanders and other parties in
technology-related transactions.
2. The Government implements the following measures
to develop science and technology market intermediaries:
a) Building technical infrastructure facilities and
assisting operation of national technology transfer center and technology
business startup support center within 05 first operating years;
b) Supporting training for personnel of
intermediaries;
c) Assisting and improving the capacity of
providers of technology transfer consultancy, brokerage and/or promotion
services, technology appraisal, valuation and assessment services for
exploitation of information concerning technology, intellectual property,
findings on domestic and foreign scientific research and technological
development.
3. Organizations and individuals are encouraged to
provide technology transfer brokerage, consultancy and promotion services in
research institutes or training institutions; a network of domestic and foreign
technology transfer consultancy organizations shall be established.
4. The Government shall promulgate detailed
regulations on this Article.
Article 44. Announcement, performance
and introduction of technology
1. Technologies are exhibited, introduced, traded
and transferred under promotion at technology markets, trade fairs and
exhibitions, points of technology supply and demand, technology exchanges or
transfer centers.
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a) Every year, announce the list of technologies
created with funding from state budget on their websites, unless otherwise
prescribed by law;
b) Encourage and assist enterprises, organizations
and individuals in announcing their new technologies.
3. The Government shall adopt measures to support
domestic enterprises, organizations or individuals that create new technologies
in their announcement, performance and introduction of technology in both
domestic and foreign technology markets and/or fairs.
Section 3. TECHNOLOGY TRANSFER
SERVICES
Article 45. Types of
technology transfer services
1. Technology transfer brokerage.
2. Technology transfer consultancy.
3. Technology appraisal.
4. Technology valuation.
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6. Promotion of technology transfer.
Article 46. Rights of
technology transfer service provider
1. Each technology transfer service provider shall
have the following rights:
a) Request service users to provide necessary
information and/or documents to serve the provision of technology transfer
services;
b) Receive income and other interests from
provision of technology transfer services as agreed;
c) Hire collaborators and/or experts to serve the
provision of technology transfer services;
d) Have the right to use technology database in
accordance with regulations of law;
dd) Request service users to make compensation for
damage caused by their mistake;
e) Cooperate or form joint-ventures with other
entities or individuals to develop technology transfer services;
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h) Exercise other rights in accordance with
regulations herein and relevant laws.
2. Providers of technology transfer brokerage,
consultancy and/or promotion services shall have the rights mentioned in Clause
1 of this Article and be entitled to earn profits from the application,
transfer of right to use of, transfer or capital contribution by findings on
scientific research and technological development funded by state budget.
Article 47. Obligations of
technology transfer service provider
1. Each technology transfer service provider shall
discharge the following obligations:
a) Perform the signed technology transfer service
contracts;
b) Assume responsibility for the provision of
technology transfer services;
c) Make compensation for damage to service users
due to its mistake;
d) Maintain and return documents
and/or facilities to service users upon the completion of service provision as
agreed;
dd) Timely inform service users of
insufficient information and/or documents resulting in failure to provide services;
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g) Fulfill financial obligations and other
obligations as regulated by law.
2. In addition to the fulfillment of obligations prescribed
in Clause 1 of this Article, providers of technology appraisal, valuation or
assessment services must discharge the following obligations:
a) Apply for certificate of eligibility to provide
technology appraisal, valuation and/or assessment services as regulated by law;
b) Send annual reports on provision of technology
appraisal, valuation and/or assessment services to science and technology
authorities.
Article 48. Providers of
technology appraisal, valuation and assessment services
1. Technology appraisal, valuation and/or
assessment services shall be provided by science and technology organizations
or enterprises running technology appraisal, valuation and/or assessment
services.
2. A technology valuation organization is required
to meet eligibility requirements laid down in the pricing law and specific
requirements for personnel, material – technical facilities.
3. The Government shall stipulate the power,
procedures and requirements for issuance of Certificate of eligibility to
provide technology appraisal and assessment services; specific requirements for
personnel, material – technical facilities which must be satisfied by
technology valuation organizations.
Section 4. TECHNOLOGY TRANSFER
IN RURAL REGIONS, MOUNTAINOUS REGIONS, ISLANDS AND REGIONS FACING DIFFICULT OR
EXTREMELY DIFFICULT SOCIO-ECONOMIC CONDITIONS
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Technologies prescribed in Article 9 herein and the
following technologies are encouraged to be transferred to rural regions,
mountainous regions, islands and regions facing difficult or extremely
difficult socio-economic conditions:
1. Technologies applied to the conservation and
development of genetic resources; selection, generation and improvement of
economic value of plant varieties and domestic animal breeds;
2. Technologies for cultivation/raising/
production, maintenance and processing of agricultural, forest and salt
products, medicinal plants, fungi, and beneficial microorganisms for
agriculture and aquaculture;
3. Technologies for prevention and control of pests
and diseases of plant varieties, domestic animal breeds or medicinal plants;
4. Technologies for production, extraction and
thriving use of clean water sources; technologies for water treatment in
aquaculture industry;
5. Technologies for improvement of productivity,
quality and efficiency of traditional products of local handicraft villages.
Article 50. Responsibility of
organizations and individuals for technology transfer to rural regions,
mountainous regions, islands and regions facing difficult or extremely
difficult socio-economic conditions
1. Programs or projects for introduction of plant
varieties, domestic animal breeds or technologies for cultivation/raising/
production, maintenance and processing of agricultural, forest, aquatic or salt
products must include technology transfer contents.
2. Before introducing or transferring technology
for cultivation/raising/ production, maintenance and processing of
agricultural, forest, aquatic or salt products, organizations or individuals
must report to the science and technology authority at locality where such
technology transfer is made.
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4. Other responsibility is prescribed by law.
Article 51. Responsibility of
regulatory authorities for technology transfer to rural regions, mountainous
regions, islands and regions facing difficult or extremely difficult
socio-economic conditions
1. Local science and technology authorities are
responsible for instructing and facilitating the introduction and transfer of
plant varieties or domestic animal breeds or technologies for
cultivation/raising/ production, maintenance and processing of agricultural,
forest, aquatic or salt products; promoting local technology transfer
activities; inspecting and preventing the introduction or provision of plant
varieties or domestic animal breeds or technologies that cause damage to users.
2. Every year, the Ministry of Science and
Technology shall take charge of and cooperate with relevant ministries,
ministerial-level agencies and the Government's affiliates to appraise the
technology transfer activities conducted at rural regions, mountainous regions,
islands or regions facing difficult or extremely difficult socio-economic
conditions.
Article 52. Technology
transfer in agriculture
1. The transfer of technological advances in
varieties, products, production process, technical solutions and management
solutions in the field of agriculture is encouraged.
2. The agricultural technology transfer may be carried
out under forms prescribed in this Law or other specific forms including
agricultural extension programs or plans, or other technology transfer programs
or plans given approval by regulatory authorities.
3. The agricultural technology transfer may be
carried out by adopting methods prescribed in this Law or other specific
methods including training, improvement, performance models or propagation
activities.
4. The Government shall promulgate detailed
regulations on specific forms and methods of agricultural technology transfer
prescribed in Clause 2 and Clause 3 of this Article; transferors and
transferees according to specific forms and methods of agricultural technology
transfer prescribed in Clause 2 and Clause 3 of this Article; policies on technology
transfer in agriculture.
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Chapter V
STATE MANAGEMENT OF
TECHNOLOGY TRANSFER
Article 53. Responsibility of
the Government
1. Carry out the consistent state management of
technology transfer activities.
2. Instruct, promulgate and organize the
implementation of legislative documents, strategies, plans, mechanisms,
policies and measures to improve technology transfer and innovation activities
in conformity with each national socio-economic development period.
3. Assign and authorize regulatory authorities to
perform state management of technology transfer activities.
4. Promulgate the List of technologies encouraged
for transfer, the List of technologies restricted from transferring and the
List of technologies banned from transferring.
Article 54. Responsibility of
Ministry of Science and Technology
1. Take charge of assisting the Government in
carrying out the consistent state management of technology transfer activities.
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3. Compile and submit the List of technologies
encouraged for transfer, the List of technologies restricted from transferring
and the List of technologies banned from transferring to the Government for
promulgation.
4. Issue and revoke technology transfer permits
with respect to technologies on the List of technologies restricted from
transferring.
5. Appraise, comment on and inspect technologies
applied to investment projects within its competence.
6. Instruct the evaluation of technological level
and competence in industries/ sectors according to requirements for
socio-economic development and international economic integration in each
period.
7. Organize the appraisal, selection and
announcement of technologies which are created from findings on scientific
research and technological development.
8. Organize training and retraining courses to
improve capacity and professional skills in performing transfer and
commercialization of findings on scientific research and technological
development, technology application and innovation.
9. Organize statistical works on technology
transfer, application and innovation in accordance with regulations of law, and
establish technology database.
10. Inspect and resolve complaints or denunciations
or violations against regulations of the law on technology transfer.
11. Implement international cooperation programs on
technology transfer within its competence.
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13. Prepare the Government's reports on technology
transfer and every 05 years, prepare reports on nationwide technology
innovation.
14. Fulfill other duties as prescribed by law.
Article 55. Responsibility of
ministries and ministerial-level agencies
1. Ministries and ministerial-level agencies shall,
within their competence, cooperate with Ministry of Science and Technology in
performing state management of technology transfer. To be specific:
a) Propose technologies to the List of technologies
encouraged for transfer, the List of technologies restricted from transferring
and the List of technologies banned from transferring;
b) Formulate plans, schemes, programs, measures,
mechanisms and/or policies on promotion of technology transfer, application and
innovation;
c) Inspect technologies and quality of products,
commodities or services created from the technology transfer, application
and/or innovation.
2. Organize the appraisal, selection and
announcement of technologies created from findings on scientific research and technological
development, and facilitate enterprises’ receipt of transfer of such
technologies in sectors under their management.
3. Facilitate technology transfer activities,
especially technologies encouraged for transfer and technology transfer activities
performed in regions where the technology transfer is encouraged.
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5. Implement international cooperation programs on
technology transfer within their competence.
6. Make annual statistics on technology transfer,
application and innovation, and send them to the Ministry of Science and
Technology.
Article 56. Responsibility of
Provincial-level People’s Committees
Each Provincial-level People’s Committee shall,
within the ambit of its assigned functions and powers, perform state management
of technology transfer activities and assume responsibility to:
1. Promulgate within its competence or request the
competent authorities to promulgate, and organize the implementation of
legislative documents, strategies, policies, schemes, programs and/or plans on
technology transfer, application and/or innovation in the province;
2. Appraise or comment on technologies applied to
investment projects in accordance with regulations of law;
3. Facilitate local organizations and individuals'
technology transfer, application and innovation activities;
4. Timely prevent the transfer of plant varieties
or domestic animal breeds which are not yet recognized as technological
advances; agricultural materials which are not allowed to be manufactured,
traded or sold under regulations of law;
5. Organize the inspection or appraisal of local
technology transfer activities; establish and manage database, information and
statistics on technology transfer, application and innovation activities;
submit statistics on technology transfer, application and innovation activities
to competent science and technology authorities;
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7. Inspect and resolve complaints or denunciations
or violations against regulations of the law on technology transfer within its
competence.
Article 57. Statistics on
technology transfer, application and innovation
The statistical works on technology transfer,
application and innovation are performed in accordance with regulations of the
law on statistics and the following provisions:
1. Statistics on technology transfer, application
and innovation are included in annual statistics and reports of science and
technology authorities.
Every year, Ministry of Science and Technology
shall take charge of and cooperate with ministries and ministerial-level
agencies to make statistics on technology transfer, application and innovation
nationwide;
2. Ministry of Science and Technology shall
cooperate with the central statistics office affiliated to the Ministry of
Planning and Investment to establish the statistical indicator system and
collect statistical information about enterprises’ technology transfer,
application and innovation; cooperate with central tax agency and central
customs agency affiliated to the Ministry of Finance to make connection and
sharing of statistical data on technology transfer, application and innovation;
3. Each Provincial-level People’s Committee shall
make statistics on technology transfer, application and innovation in such
province;
4. Organizations and individuals that are requested
to provide information about technology transfer, application and innovation
must provide accurate, correct and sufficient information within the time limit
prescribed by statistics offices;
5. Ministry of Science and Technology shall
promulgate detailed regulations on statistics on technology transfer,
application and innovation.
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Representative missions of Vietnam in foreign
countries shall search for technologies, support and promote technology
transfer activities, and facilitate transfer of technologies from foreign
countries to Vietnam and vice versa.
Chapter VI
IMPLEMENTATION
PROVISIONS
Article 59. Entry into force
1. This Law shall take effect as of July 01, 2018.
2. The Law on Technology Transfer No. 80/2006/QH11
shall be null and void from the date of entry into force of this Law.
Article 60. Transition
1. In case technology transfer agreements which
have been concluded before the date of entry into force of this Law require an
extension after the date of entry into force of this Law, procedures for
registration of extension shall be carried out in accordance with this Law.
2. Applications for registration of technology
transfer agreements which have been submitted before the date of entry into
force of this Law but not yet processed shall be treated in accordance with
regulations of the Law on Technology Transfer No. 80/2006/QH11.
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This Law has been ratified in the 3rd
session of the 14th National Assembly of the Socialist Republic of
Vietnam dated June 19, 2017.
CHAIRMAN OF THE
NATIONAL ASSEMBLY
Nguyen Thi Kim Ngan