|
THE
NATIONAL ASSEMBLY OF VIETNAM
--------
|
THE
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
-----------
|
|
Law
No. 115/2025/QH15
|
Hanoi,
December 10, 2025
|
LAW
AMENDMENTS TO LAW ON TECHNOLOGY TRANSFER
Pursuant to the Constitution of
the Socialist Republic of Vietnam, as amended by the Resolution No.
203/2025/QH15;
The National Assembly hereby
promulgates the Law on Amendments to the Law on Technology Transfer No.
07/2017/QH14, as amended by the Law No. 16/2023/QH15 and the Law No.
93/2025/QH15.
Article 1.
Amendments to Law on Technology Transfer
1. Some clauses
of Article 2 are amended as follows:
a) Clause 5a is added following
clause 5 as follows:
“5a. Green technology means
technology that is designed to enable the efficient use of natural resources,
energy efficiency, emission reduction, is eco-friendly, and contributes to
promotion of sustainable development.”;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
“7. Technology transfer means
a science, technology and innovation activity carried out through the transfer
of the ownership of technology or the assignment of the right to use technology
for the purpose of putting such technology into practical application to create
new products, services, or production methods.”;
c) Clause 11 is amended as follows:
“11. Commercialization of
scientific research and technological development (R&D) and innovation
outcomes means activities involving the exploitation, development, improvement,
application, transfer, or other related use of R&D and innovation outcomes
for the purpose of generating profits.”;
d) Clause 18 is amended as follows:
“18. Technology valuation means
the activity of advising on and determining the value of a technology subject
to valuation at a specific place and time, for a specific purpose, conducted by
a valuation enterprise or a valuation council in accordance with the Vietnam’s
Valuation Standards.".
2. Some clauses
of Article 3 are amended as follows:
a) Clause 3 is amended as follows:
“3. Give priority to the transfer
of high technology, strategic technology, advanced technology, new technology,
clean technology, green technology, and technology serving nationally
significant projects and key projects, as well as technology serving national
defense and security tasks, from foreign countries into Vietnam and through
domestic technology transfer; allocate adequate resources for investment in
technology transfer activities in agriculture and rural areas; attach special
importance to technology transfer activities performed in areas facing
difficult or extremely difficult socio-economic conditions, mountainous areas
and island regions.”;
b) Clause 5 is amended as follows:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
c) Clause 5a is added following
clause 5 as follows:
“5a. Encourage foreign
organizations and individuals to transfer technology to Vietnamese
organizations and individuals in order to enhance domestic capacity to absorb,
master, and innovate technology; technology transfer activities in foreign
investment shall be carried out on a voluntary basis as agreed upon the
parties, ensuring compliance with regulations of law on intellectual property,
and consistency with international treaties to which the Socialist Republic of
Vietnam is a signatory.
Give priority to the application of
incentive policies relating to investment, taxation, land, credit, and other
incentive measures to foreign investment projects that involve technology
transfer, human resource training, and development of research, design,
manufacturing, or technology application capacity in Vietnam.”;
3. Point b
clause 1 Article 4 is amended as follows:
“b) Technological plans or
processes; engineering solutions, parameters, designs or diagrams; models,
algorithms, formulas, software programs, information and data;”.
4. Clause 1
Article 6 is amended as follows:
“1. Transfer of documents
concerning technology, quality control procedures, standards and relevant
technical parameters.”.
5. Article 7 is
amended as follows:
“Article 7. Rights to make
technology transfer
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
2. A technology owner shall have
the right to transfer the ownership or assign the right to use such technology.
3. An organization or individual
having the right use a given technology may transfer such right to another
organization or individual, subject to the technology owner's consent given in
writing or in another form as prescribed by law.
4. 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.
5. A technology transferee shall
have the right to improve, develop, and exploit the transferred technology in
accordance with regulations of law on intellectual property and other relevant
laws.
6. Where more than one organization
or individual owns or has the right to use a technology, the transfer of
ownership of, or right to use, such technology shall be carried out in
accordance with the provisions of this Law, the civil code and other relevant
laws.
7. Where a technology is integrated
into a product, machinery, equipment, or system, the ownership of, or the right
to use, the technology shall not automatically arise from or be conferred
together with the ownership of such product, machinery, equipment, or system,
unless otherwise prescribed by law or otherwise agreed by the parties in compliance
with regulations of law. The ownership of, or the right to use, the technology
shall be determined independently and separately from the ownership of the
product, machinery, equipment, or system in which such technology is
integrated.”.
6. Article 8 is
amended as follows:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
1. Organizations and individuals
that are lawful owners of technologies may contribute such technologies as
capital to investment projects or enterprises, and may commercialize such
technologies in accordance with the law on science, technology and innovation,
the law on intellectual property, the law on management and use of public
property, civil code, other relevant laws.
2. Before a technology is contributed
as capital to a state-funded investment project, the technology valuation shall
be carried out in accordance with the law on pricing, and the lawful ownership
of, or lawful right to use, such technology must be verified and confirmed.
3. The State encourages capital
contributions in the form of technologies generated from science, technology
and innovation activities of Vietnamese organizations, individuals and
enterprises through measures to support the technology valuation and the
establishment of lawful ownership or lawful rights to use such technologies.”.
7. Some clauses of
Article 9 are amended as follows:
a) Clause 1 is amended as follows:
“1. High technologies prioritized
for investment and development, and strategic technologies as prescribed by the
law on high technology.”;
b) The first paragraph of clause 2
is amended as follows:
“2. Advanced technologies, new
technologies, clean technologies and green technologies that are suitable for
socio-economic conditions of Vietnam shall be encouraged for transfer from
foreign countries into Vietnam or for domestic transfer, if one of the
following requirements is satisfied:”;
c) Point b clause 2 is amended as
follows:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
8. Heading of
Chapter II is amended as follows:
“Chapter
II
TECHNOLOGY
APPRAISAL”.
9. Article 13 is
amended as follows:
“Article 13. Appraisal of, or
provision of opinions on, technologies of investment projects
1. During the consideration and
decision on investment policies, the appraisal of technological contents of
investment projects using public investment capital shall be carried out in
accordance with the law on public investment, while the appraisal of
technological contents of public-private partnership projects shall be carried out
in accordance with the law on investment in the form of public-private
partnership.
2. During the consideration for
grant of approval for investment policies or issuance of investment
registration certificates (for projects that are not subject to investment
policy approval as prescribed by the Law on Investment), except for investment
projects, as prescribed by the Law on Investment, falling under the cases
specified at points a and b clause 3 of this Article, the appraisal of, or
provision of opinions on, technologies of the following investment projects
must be carried out in accordance with provisions of this Law:
a) Investment projects employing
technologies subject to restricted transfer;
b) Investment projects that pose a
risk of adverse environmental impacts as prescribed by the Law on Environmental
Protection, and that involve the use of technology.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
a) Appraisal of, or provision of
opinions on, technologies used in investment projects that employ technologies
subject to restricted transfer, or investment projects that pose a risk of
adverse environmental impacts as prescribed by the Law on Environmental
Protection, and that involve the use of technology, must be carried out in
accordance with regulations of this Law;
b) Technological contents of the
investment projects employing technologies other than those specified in point
a of this clause shall be appraised in accordance with regulations of the Law
on Construction;
c) Technological contents of
investment projects using public investment capital without construction
components, and public-private partnership projects, whether or not they
include construction components, shall be appraised in accordance with
regulations of the Law on Public Investment and the Law on Investment in the
form of Public-Private Partnership.
4. During the implementation of an
approved investment project, if any modification to the approved investment
policies, the issued investment registration certificate, the investment
decision, or the investment project approval results in changes in the
technological contents of the project which have previously been appraised or
commented by a competent authority, the appraisal of or provision of opinions
on technological contents of the project must be also carried out as prescribed
in clause 2, points a and b clause 3 of this Article.
5. The Government shall provide
detailed regulations on explanations of the use of technology in investment
project dossiers; authority, documentation requirements, procedures, subject
contents and funding for appraisal of or provision of opinions on the
technologies of the investment projects specified in clause 2, point a, clause
3, and clause 4 of this Article.”.
10. Some clauses
of Article 20 are amended as follows:
a) Point a clause 1 is amended as
follows:
“a) Establishing a Council for
evaluation, appraisal, and assessment of technology;”
b) Clause 3 is amended as follows:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
c) Point a clause 4 is amended as
follows:
“a) During the consideration and
decision on investment policies or issuance of investment registration
certificates, the collection of opinions on technology shall be funded by the
state budget;”.
11. Some clauses
of Article 21 are amended as follows:
a) Clause 1 is amended as follows:
“1. The application of technology
in an investment project as prescribed in Article 13 of this Law must be properly
inspected and supervised throughout the project implementation.”;
b) Clause 2 is amended as follows:
“2. Inspection and supervision of
technologies applied to investment projects as prescribed in clause 1 of this
Article shall be carried out in accordance with regulations of this Law, the
law on investment, and other relevant laws.”;
c) Point c is added following point
b clause 3 as follows:
“c) Carry out inspection of
organizations, enterprises and individuals benefiting from incentives and
support related to technology transfer activities.”;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
“4. The Government shall elaborate
this Article.”.
12. Some clauses
of Article 29 are amended as follows:
a) Clause 2 is amended as follows:
“2. The organization or individual
that wishes to make transfer of technology subject to restricted transfer shall
send an application for approval for technology transfer to the People's
Committee of the province where the technology is received.”;
b) Clause 3 is amended as follows:
“3. Within 03 working days from its
receipt of the application, the provincial-level People's Committee shall
consider the received application; if an application is invalid, it shall
request the applicant in writing to complete its submitted application as
prescribed.”;
c) Clause 4 is amended as follows:
“4. Within 30 days from its receipt
of a valid application, the provincial-level People's Committee shall grant
give a written approval for technology transfer. If an application is refused,
a written response indicating reasons for refusal shall be given to the
applicant.”.
13. Some clauses
of Article 30 are amended as follows:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
“2. Upon the receipt of the written
approval from the provincial-level People's Committee, the parties engaging in
the technology transfer shall enter into a technology transfer agreement.”;
b) Clause 3 is amended as follows:
“3. Within 60 days from the date on
which the technology transfer agreement is signed, the party obliged to apply
for a technology transfer permit shall send an application for technology
transfer permit to the provincial-level People's Committee.”;
c) Clause 4 is amended as follows:
“4. Within 05 working days from its
receipt of the application, the provincial-level People's Committee shall
consider the received application; if an application is invalid, it shall
request the applicant in writing to complete its submitted application as
prescribed.
Within 60 days from their receipt
of the written request for application modification, the applicant must submit
additional documents as requested or submit an application form for extension
of the time limit for application modification. The extension period shall not
exceed 60 days. Upon the end of this period, if the applicant fails to submit
additional documents as requested, the provincial-level People's Committee
shall give a written notification of refusal to issue the technology transfer
permit, and return the application as requested by the applicant.”;
d) Clause 5 is amended as follows:
“5. Within 15 working days from its
receipt of a valid application, the provincial-level People's Committee shall
appraise the received application and issue a technology transfer permit. If an
application is refused, a written response indicating reasons for such refusal
shall be given to the applicant.”.
14. Heading and
some clauses of Article 31 are amended as follows:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
“Article 31. Registration of technology
transfer and provision of information on technology transfer”;
b) Clause 1a is added before clause
1 as follows:
“1a. Organizations and individuals
carrying out technology transfer activities are encouraged to provide complete,
accurate, and timely information relating to their technology transfer
activities on the National digital platform for management of science,
technology, and innovation.”;
c) Point c clause 1 is amended as
follows:
“c) Domestic technology transfer
using the state funds or the state budget-derived funds.";
d) Clause 2 is amended as follows:
“2. The Government encourages
organizations and individuals to carry out procedures for registration of
technology transfer agreements in cases other than those prescribed in clause 1
of this Article.
Certificate of registration of
technology transfer shall serve as a basis for consideration of priority in the
selection and direct assignment of science, technology, and innovation tasks,
and for the application of incentive policies.”.
15. Article 35 is
amended as follows:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
1. The State shall provide support
to enterprises implementing projects in geographical areas or sectors eligible
for investment incentives to carry out technology transfer activities with
science and technology organizations.
2. The State encourages various
forms of cooperation between enterprises and authorities, organizations, and
individuals to implement investment projects in technological innovation,
innovative start-ups, and the development of infrastructure facilities serving
the development of science, technology, and innovation activities.
3. Socio-political organizations,
social organizations, and socio-professional organizations shall, within the
ambit of their assigned functions and duties, facilitate technology transfer
activities carried out by organizations, enterprises, and individuals.
4. The State shall provide support
to organizations and enterprises in carrying out technology transfer activities
through the National Technology Innovation Fund, science, technology, and
innovation development funds of ministries, ministerial agencies, Governmental
agencies, other central government-level agencies, and provincial-level
People’s Committees, and other forms of support in accordance with regulations
of law.
5. The State shall allocate state
budget-derived funding for the development of a network of science and
technology organizations with functions of application, transfer, and
innovation of technology, and innovation, innovation centers, centers for
supporting innovative start-ups, and science and technology market
intermediaries to carry out activities supporting small and medium-sized enterprises,
cooperatives, household businesses, and individual businesses in applying
advanced processes and techniques, existing technologies, and management
methods proven to be effective, with a view to improving productivity, the
quality of products and services, and the competitiveness of enterprises.
6. The Government shall elaborate
this Article.”.
16. Article 35a
is added following Article 35 as follows:
“Article 35a. State purchase and
dissemination of technologies
1. The State shall purchase
ownership of, or rights to use, technology for dissemination for the following
purposes:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
b) Serving education, healthcare,
environmental protection, and the prevention and control of natural disasters
and epidemics.
2. The purchase of technology shall
ensure the satisfaction of the following requirements: the purchased technology
has practical utility, is compatible with application capacity, has clearly
defined intellectual property rights, and is funded by the state budget in a
transparent and efficient manner.
3. The State shall disseminate
technology through one or more of the following forms: free-of-charge
dissemination, provision of technology with preferential treatment, or
conditional grant of rights to use technology; promote cooperation in the
development of technology in order to enhance the capacity of Vietnamese
organizations and enterprises.
4. The Government shall elaborate
this Article.”.
17. Some clauses
of Article 42 are amended as follows:
a) Clause 1 is amended as follows:
“1. Importation,
reverse-engineering, and mastery of high technology, strategic technology,
advanced technology, clean technology, and green technology to serve the
achievement of objectives of national, sectoral, regional and local socio-economic
development strategies, plannings and plans;”;
b) Clause 3 is amended as follows:
“3. Improving the exploitation and
use of R&D, and innovation outcomes, technological ideas, to serve enterprises,
individuals, groups of individuals engaged in innovative start-ups, innovation
support organizations, start-up support organizations, technology incubators,
science and technology enterprise incubators, and high-technology enterprise
incubators;”;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
“4. Evaluation and appraisal of new
technologies and new products created in Vietnam from R&D, and innovation
outcomes, in order to encourage their use in investment projects funded by the
state budget and eligible for incentives in accordance with the law on
bidding;”;
d) Clause 5 is amended as follows:
“5. Provision of training programs
to enhance enterprises’ ability to absorb and master technologies;
commercialization of R&D, and innovation outcomes; establishing linkages,
cooperation, and exchange of science and technology human resources between
research institutions and training institutions, and production and business
establishments;”.
18. Some points
of clause 2 Article 43 are amended as follows:
a) Point a is amended as follows:
“a) Development of technical
infrastructure and support for the operation of science and technology
exchanges, innovation centers, innovative start-up support centers, and science
and technology market intermediaries;”;
b) Point d is added following Point
c as follows:
“d) Establishing public-private
collaboration, and mobilizing social resources for investment in and operation
of science and technology market intermediaries.”.
19. Some points
and clauses of Article 44 are amended as follows:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
“4. The State encourages
organizations and individuals to transfer technology to foreign countries by
providing support for market promotion costs.”;
b) Clause 5 is added following
clause 4 as follows:
“5. The Government shall elaborate
this Article.”.
20. Clause 5
Article 52 is amended as follows:
“5. The Minister of Agriculture and
Environment of Vietnam shall promulgate the List of technological advances in
varieties, products, production processes, technical solutions, and management
solutions encouraged for transfer in the field of agriculture; criteria,
formalities and procedures for certification of technological advances.”.
21. Some clauses
of Article 54 are amended as follows:
a) Clause 1a is added following
Clause 1 as follows:
“1a. Formulate and submit to the
Government for promulgation a Decree on organization and operation of the
National Technology Innovation Fund.”
b) Clause 9a is added following
clause 9 as follows:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
c) Clause 10 is amended as follows:
“10. Examine and resolve
complaints, denunciations and violations against regulations of the law on
technology transfer.”.
22. Some clauses
of Article 56 are amended as follows:
a) Clause 3a is added following
Clause 3 as follows:
“3a. Issue and revoke technology
transfer permits with respect to technologies included in the List of
technologies subject to restricted transfer;”;
b) Clause 5 is amended as follows:
“5. Organize the examination and
evaluation of the effectiveness of technology transfer for local state
budget-funded programs, projects and tasks; establish, manage, and update
databases, information systems, and statistical systems on technology transfer,
application and innovation activities; submit annual reports on examination and
evaluation of effectiveness of and statistical data on technology transfer to
the Ministry of Science and Technology of Vietnam;".
23. Clause 2
Article 57 is amended as follows:
“2. The Ministry of Science and
Technology shall cooperate with the Ministry of Finance in developing a system
of statistical indicators and organizing the collection of statistical information
about enterprises’ technology transfer, application and innovation; making
connection and sharing of statistical data on technology transfer, application
and innovation;".
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
Article 2.
Effect
1. This Law comes into force from
April 01, 2026, except the cases prescribed in clause 2 of this Article.
2. Clauses 2, 3 and 4 Article 29,
clauses 2, 3, 4 and 5 Article 30 of the Law on Technology Transfer No.
07/2017/QH14, as amended by the Law No. 16/2023/QH15 and the Law No.
93/2025/QH15, and further amended by clause 12 and clause 13 Article 1, point a
clause 21 Article 1 of this Law shall come into force from the date on which
this Law is adopted.
Article 3.
Transition
1. Technology transfer agreements
concluded before the effective date of this Law shall still remain valid; any
modification, amendment or extension of such agreements made after the
effective date of this Law shall be subject to provisions of this Law.
2. Applications for registration or
extension of technology transfer agreements which have been received before the
effective date of this Law but have not yet been processed as of the effective
date of this Law shall be processed in accordance with regulations of the Law
on Technology Transfer No. 07/2017/QH14, as amended by the Law No. 16/2023/QH15
and the Law No. 93/2025/QH15.
3. Applications for approval or
grant of permits for technology transfer which have been received before July
01, 2025 but have not yet been processed as of the effective date of this Law
shall be processed in accordance with regulations of the Law on Technology
Transfer No. 07/2017/QH14, as amended by the Law No. 16/2023/QH15 and the Law
No. 93/2025/QH15.
4. Where decisions on investment
policies, approval for investment policies, investment registration
certificates, investment decisions or project approval for investment projects
employing technologies included in the List of technologies subject to restricted
transfer, or projects that pose a risk of adverse environmental impacts and
involve the use of technology, have been issued or granted before the effective
date of this Law but appraisal of, or opinions on, technological contents of
such projects have not yet been conducted or given by competent authorities,
the appraisal of, or opinions on, technological contents of such projects must
be conducted or given in accordance with provisions of this Law, if any
modifications to such approved investment policies, investment registration
certificates, investment decisions or project approval made after the effective
date of this Law result in changes in technological contents of such projects.
5. Where applications for appraisal
of, or provision of opinions on, technologies during the consideration and
grant of approval for investment policies or issuance of investment decisions
have been received before the effective date of this Law but have not yet been
processed as of the effective date of this Law, the appraisal of, or provision
of opinions on, technologies which serves as the basis for consideration and
grant of approval for investment policies or issuance of investment decisions
shall be carried out in accordance with regulations of the Law on Technology
Transfer No. 07/2017/QH14, as amended by the Law No. 16/2023/QH15 and the Law
No. 93/2025/QH15, the Law on Construction No. 50/2014/QH13, as amended by the
Law No. 03/2016/QH14, and the Law No. 62/2020/QH14.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
CHAIRMAN
OF THE NATIONAL ASSEMBLY OF VIETNAM
Tran Thanh Man