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MINISTRY OF
SCIENCE AND TECHNOLOGY
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SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom - Happiness
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No. 02/2018/TT-BKHCN
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Hanoi, May 15,
2018
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CIRCULAR
REPORTING ON THE
IMPLEMENTATION OF THE AGREEMENT ON TRANSFER OF TECHNOLOGIES RESTRICTED FROM
TRANSFERRING; REQUIRED DOCUMENTS INCLUDED IN THE APPLICATION FOR ISSUANCE,
EXTENSION AND AMENDMENT TO TECHNOLOGY TRANSFER LICENSE
Pursuant to the Law on Technology Transfer dated
June 19, 2017;
Pursuant to the Government’s Decree No.
95/2017/ND-CP dated August 16, 2017 on defining functions, tasks, power and
organizational structure of the Ministry of Science and Technology;
At the request of the Director General of the
Department of Technology Assessment and Appraisal and the Director General of
the Department of Legal Affairs;
The Minister of Science and Technology hereby
promulgates the Circular on reporting regime for implementation of the
agreement on transfer of technologies restricted from transferring; required
documents included in the application for issuance, extension and amendment to
technology transfer license.
Article 1. Scope and regulated entities
1. Scope:
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Technology transfer registration form and
Technology Transfer Registration Certificate shall comply with the regulations
of the Government.
2. Regulated entities:
a. Competent agency issuing Technology Transfer
License and Certificate of Registration for Extension or Amendment to
Technology Transfer License;
b. Organizations and individuals registering for
Technology Transfer License, or reporting about the implementation of the
agreement on transfer of technologies restricted from transferring, or
requesting for the extension and amendment to Technology Transfer License.
c. Other related organizations and individuals.
Article 2. Reporting on the implementation of
the agreement on transfer of technologies restricted from transferring
1. Annually, the organizations and individuals
mentioned in clause 3, Article 28 of the Law on Technology Transfer shall make
a report about the implementation of the agreement on transfer of technologies
restricted from transferring (using form No. 05 in Appendix hereto) and send it
to the Ministry of Science and Technology before December 31 of the reporting
year.
2. The reporting data shall be collected from
December 15 of the previous year until December 14 of the reporting year.
If the report is made for the first time and the
implementation period of the agreement has not been 01 year, the reporting
party mentioned in clause 1 of this Article shall send the report in the
following year and the data must show the previous implementation period of the
agreement.
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a. The written report must have the signature of
the Head of the unit and bear a stamp (for organizations) or full name and
signature (for individuals);
b. The electronic report must use Portable Document
Format (.pdf) and Vietnamese font of Unicode as regulated in Vietnam Standards
TCVN 6909:2001, and the contents must follow the written report.
4. Reporting method:
Organizations and individuals shall send the
written report to the Ministry of Science and Technology in person or by post,
at the same time, they shall send the electronic report to the email:
vudtg@most.gov.vn.
Article 3. Other document forms enclosed with
the Circular
1. For the issuance of Technology Transfer License:
a. An application form for technology transfer approval
(form No. 01);
b. Technology explanatory document (form No. 02);
c. An application form for issuance of Technology
Transfer License (form No. 03);
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2. Report about the implementation of the agreement
on transfer of technologies restricted from transferring (form No. 05).
3. For extension and amendment to technology
transfer license:
a. An application form for extension or amendment
to technology transfer license (form No.06);
b. Certificate of registration for extension or
amendment to Technology Transfer License (form No. 07).
Article 4. Entry into force and implementation
1. This Circular shall come into force from July
01, 2018.
2. Ministry of Science and Technology shall assign
the Department of Technology Assessment and Appraisal to become the center for
implementing this Circular.
3. Ministries, ministerial agencies, governmental
agencies, People’s Committees of provinces and central-affiliated cities and
related organizations and individuals shall implement this Circular.
4. If any problems arise during the implementation
of this Circular, agencies, organizations and individuals shall timely provide
feedbacks to the Ministry of Science and Technology for amendments./.
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PP. MINISTER
DEPUTY MINISTER
Tran Van Tung