What are the cases of refusal to issue a Certificate of registration of technology transfer in Vietnam? What is the application for registration of technology transfer?
What are the cases of refusal to issue a Certificate of registration of technology transfer in Vietnam?
According to Clause 6, Article 31 of the Law on Technology Transfer 2017, registration of technology transfer is as follows:
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.
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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.
Thus, science and technology authorities are entitled to refuse applications for Certificate of registration of technology transfer in the following cases:
- A technology transfer agreement which is made for transfer of technology restricted from transferring;
- An agreement which does not specify transferable technology or technology transfer contents;
- An agreement whose contents are in contravention to regulations of the Law on Technology Transfer 2017.
What are the cases of refusal to issue a Certificate of registration of technology transfer in Vietnam? What is the application for registration of technology transfer?
What is the penalty level imposed upon the act of making the inbound transfer of technologies from abroad to Vietnam without obtaining the certificate of registration of technology transfer?
According to the provisions of Article 25 of Decree 51/2019/ND-CP regulations on violations in technology transfer registration as follows:
Violations arising from registration of technology transfer
1. Imposing the fine ranging from 30,000,000 dong to 40,000,000 dong for one of the following violations:
a) Making the inbound transfer of technologies from abroad to Vietnam without obtaining the certificate of registration of technology transfer;
b) Making the outbound transfer of technologies from Vietnam to foreign countries without obtaining the certificate of registration of technology transfer;
c) Making the domestic transfer funded by the state capital or state budget without obtaining the certificate of registration of technology transfer, except where the certificate of registration of scientific and technological achievements has already been issued.
2. Supplementary penalties:
Confiscating exhibits or means used for commission of administrative violations defined in clause 1 of this Article.
Thus, the act of making the inbound transfer of technologies from abroad to Vietnam without obtaining the certificate of registration of technology transfer may be subject to administrative sanctions of a fine from VND 30,000,000 to VND 40,000,000.
Note: The fine level specified above is the penalty level for individuals. The penalty level for organizations is double the penalty level for individuals
In addition, violators will also have their exhibits and means of administrative violations confiscated.
What is the application for registration of technology transfer?
According to Clause 3, Article 31 of the Law on Technology Transfer 2017, the registration of technology transfer are as follows:
Registration of technology transfer
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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;
b) The original or the certified copy of the technology transfer agreement which includes all of contents prescribed in Article 23 herein. In case of unavailability of an agreement in Vietnamese language, the notarized or certified translation of the technology transfer agreement into Vietnamese language shall be submitted.
Thus, An application for registration of technology transfer includes:
- 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;
- The original or the certified copy of the technology transfer agreement which includes all of contents prescribed in Article 23 of the Law on Technology Transfer 2017.
Note: In case of unavailability of an agreement in Vietnamese language, the notarized or certified translation of the technology transfer agreement into Vietnamese language shall be submitted.
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