Some notable regulations related to technology transfer activities

Some notable regulations related to technology transfer activities

 

1. Legal Basis

Law on Technology Transfer No. 07/2017/QH14 ddated June 19 2017

2. Some notable regulations related to technology transfer activities

2.1. What is technology transfer?

According to Clause 7 Article 2 of the Law on Technology Transfer 2017, 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.

2.2. Forms of technology transfer

Forms of technology transfer under Article 5 of the Law on Technology Transfer 2017 include:

• Independent technology transfer contract.
• Part of technology transfer in the following cases:
• Investment project;
• Making capital contribution by technology;
• Franchise agreement;
• Transfer of IP rights;
• Purchase or sale of machinery/ equipment mentioned in Point d Clause 1 Article 4 of the Law on Technology Transfer 2017.
• Technology transfer may be implemented under other forms as regulated by law.

2.3. Methods of technology transfer

• Transfer of documents concerning technology.
• Train the technology recipient to master the technology within the agreed term.
• 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.
• Transfer of machinery and equipment with the technology specified in Point d, Clause 1, Article 4 of the Law on Technology Transfer 2017 along with the methods specified in this Article.
• Other technology transfer methods as agreed upon by the parties.

2.4. Application and procedures for issuance of technology transfer permit in Vietnam

An application for a technology transfer permit includes:

• 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;
• Proof of legal status of the parties entering into the technology transfer agreement;
• 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;
• The list of documents concerning technology, machinery, equipment (if any) enclosed with the technology transfer agreement;
• The certified copy of IP Rights Certificate for objects subject to IP Rights protection (if any);
• Quality standards of products created by applying the transferred technology;
• Explanation for conditions for using technology;
• The written record of valuation of transferred technology in case the transferee uses state funding.

Upon the receipt of approval for technology transfer from the Ministry of Science and Technology, the parties shall conclude a technology transfer agreement.

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.

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.

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.

In case of change in contents of a technology transfer permit, the applicant must carry out procedures for a new permit.  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.