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THE MINISTRY
OF SCIENCE AND TECHNOLOGY
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.
08/2013/TT-BKHCN
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Hanoi, March
08, 2013
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CIRCULAR
GUIDING
THE CONTENT AND OPERATIONAL METHODS OF TECHNOLOGY TRANSFER CONSULTANCY
ORGANIZATIONS
Pursuant to the Law on Technology
transfers, of November 29, 2006;
Pursuant to the Government’s
Decree No. 28/2008/ND-CP, of March 14, 2008, defining the functions, tasks,
powers and organizational structure of the Ministry of Science and Technology;
Pursuant to the Government’s
Decree No. 133/2008/ND-CP, of December 31, 2008, detailing and guiding
implementation of a number of articles of the Law on Technology transfers and
the Government’s Decree No. 103/2011/ND-CP, of November 15, 2011, amending and
supplementing a number of articles of the Government’s Decree No.
133/2008/ND-CP, of December 31, 2008 detailing and guiding implementation of a
number of articles of the Law on Technology transfers;
The Minister of Science and
Technology guides the content and operational methods of technology transfer
consultancy organizations,
Chapter 1.
GENERAL PROVISIONS
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1. This Circular guides the content
and operational methods or technology transfer consultancy organizations as
prescribed in clause 2 Article 29 of the Government’s Decree No.
133/2008/ND-CP, of December 31, 2008, detailing and guiding implementation of a
number of articles of the Law on Technology transfers.
2. This Circular applies to
consultancy service organizations with objective of technology transfer
consultancy operation, including:
a) Enterprises established and
operating as prescribed in the Law on enterprises;
b) The science and technology
organizations established and operating as prescribed in the Law on science and
technology;
Article 2. Interpretation of terms
In this Circular, the following terms
are construed as follows:
1. The technology transfer service
means activities supporting the course of research, contracting and performing
of technology transfer contracts including services of assessment, valuation,
technology appraisal, broking, advising and promoting technology transfer.
2. The technology transfer advisory
means activities supporting parties during researching, selecting technology,
negotiating, concluding and performing contracts of technology transfer.
3. The technology transfer advisory
organization means technology transfers service organization which includes
performance of advisory on technology transfers meeting regulations of this
Circular.
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Article 3. The principle of
technology transfer advisory activities
1. To abide by the laws of Vietnam
and International treaties which Vietnam has commited for implementation,
to take responsibility before law for their all professional
activities and advisory result.
2. To abide by professional ethics,
ensure independence, honesty, objective and science of technology transfer
advisory activities.
3. To keep information secret of organizations,
individuals using consultancy services, unless have consensus of organizations,
individuals using consultancy services or in case laws otherwise provides.
Chapter 2.
THE CONTENT AND OPERATIONAL METHODS OF TECHNOLOGY
TRANSFER CONSULTANCY ORGANIZATIONS
Article 4. The content of
technology transfer consultancy
1. To search partners of supplying
technology and consider, assess capability of technology commercialization.
2. To consider the capability to
receive technology of organizations, individuals having demand to be consulted
on technology transfers.
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4. To consider suitability of
products created by technology on the basis of:
a. To assess capabilities, market
elements;
b. Standards and quality of products;
c. The socio-economic effectiveness
and sustainable development.
5. To support the making, drafting of
projects on investment in technology and equipment, analyze, calculate the
production scale, technology price, provision and installment of equipment,
workshops, raw materials and relevant expenditures.
6. To deputize the technology
transfer parties to prepare dossiers and register contracts of technology
transfers.
7. To supervise, assess the course of
negotiation, drafting, method, signing and and support implementation of
technology transfer contracts.
8. Other consultancy contents on
technology transfer activities.
Article 5. The operational method
of the technology transfer consultancy organizations
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2. To supply information at the
request of organizations, individuals having demand of technology transfer
consultancy.
3. To appoint experts in technology
transfer consultancy to perform contents as prescribed in contract of
technology transfer consultancy services.
4. To organize activities, events in
order to ensure effectiveness of technology transfer.
5. Other operational methods as
agreed by two parties.
Article 6. The standard of experts
in technology transfer consultancy
Experts in technology transfer
consultancy must meet the following conditions:
1. Graduating college, university or
higher and specialized in conformity with the consultancy field or possessing
certificate of technology transfer consultancy in case law provided.
2. Having at least 02 experience
years in technology transfer consultancy operation.
3. Not falling in situation of being
liable to criminal prosecution or applying the administrative handling measures
related to technology transfer consultancy operation.
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1. Contract of technology transfer
consultancy services must be presented in writing with the following principal
contents:
a. Name, address of agencies,
organizations or individuals having demand on technology transfer consultancy;
b. Name, address of technology
transfer consultancy organization;
c. Objective, content, scope and
results which need attain of the technology transfer consultancy service;
d. The price of contract and payment
method of technology transfer consultancy services;
dd. Duration, implementation schedule
of the technology transfer consultancy service;
e. Agreements relating to protection
of intellectual property right for the technology transfer consultancy result;
g. Rights and obligations of parties;
h. Duties of partiers when violating
contracts;
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k. Signatures and seals of
representatives of parties.
2. Apart from the above content,
contract of technology transfer consultancy service must have content of a
service contract as prescribed in the Civil Code and other relevant legal
documents.
Chapter 3.
IMPLEMENTATION ORGANIZATION
Article 8. The reponsibilities of
technology transfer consultancy organizations
1. To perform obligations specified
in Article 31 of the Law on Technology transfers and formulate the operational
content as prescribed in Article 4 of this Circular.
2. Annually, report the operational
results of the technology transfer consultancy organization to the provincial
Departments of science and technology where they place head office, in
accordance with guides in the Circular No. 35/2011/TT-BKHCN, of December 16,
2011 of the Ministry of science and technology on the regime of basic
statistical reporting on technology transfer, including the following basic
information:
a. Name, ordinal number of contract
of technology transfer consultancy services, signing time;
b. Name of organization or individual
requesting for technology transfer consultancy;
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3. The technology transfer
consultancy organizations with foreign investment capital apart from meeting
provisions in this Circular, must abide by provision in Article 13 of the
Government's Decree No. 80/2010/ND-CP, of July 14, 2010, on providing for
foreign cooperation and investment in science and technology.
Article 9. The reponsibilities of
Ministries, sectors and localities
1. The responsibilities of the
Ministry of Science and Technology
a. To assume the prime responsibility
for, and coordinate with Ministries, sectors and localities in periodical or
irregular inspection on compliance with law regulations of the technology
transfer consultancy organizations;
b. To assign the Department of
technology application and development in managing, monitoring, making
statistics and inspecting activities of the technology transfer consultancy
organizations nationwide.
2. The reponsibilities of other
Ministries, sectors and localities
a. To coordinate with the Ministry of
science and technology in performing the state management function on
technology transfer consultance operation within scope of Ministries, sectors
and localities under their competence;
b. To organize inspection, making
statistics on technology transfer consultancy in accordance with guides in the
Circular No. 35/2011/TT-BKHCN, of December 16, 2011 of the Ministry of Science
and Technology on the regime of basic statistical reporting on technology
transfer.
Article 10. Effect
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2. In the course of implementation,
any arising problems should be reported timely to the Ministry of Science and
Technology for study, suitable amendments and supplementations.
FOR THE
MINISTER OF SCIENCE AND TECHNOLOGY
DEPUTY MINISTER
Chu Ngoc Anh