Which Authority Is Competent to Issue Certification for Technology Transfer Encouraged for Transfer According to the New Regulations?
Which Authority Has the Jurisdiction to Issue the Certificate of Encouraged Technology Transfer According to Decision 12/2023/QD-TTg?
On May 15, 2023, the Prime Minister of the Government of Vietnam issued Decision 12/2023/QD-TTg regulating the issuance of certificates of encouraged technology transfer.
In Article 3 of Decision 12/2023/QD-TTg, there are provisions on the jurisdiction to issue certificates of encouraged technology transfer as follows:
Jurisdiction to Issue the Certificate
The authorities authorized to issue the certificates (hereinafter referred to as the Certificate Issuing Authority) are:
1. The Ministry of Science and Technology issues the certificate for technology transfers encouraged within investment projects under the jurisdiction of approval by the National Assembly, the Prime Minister, and projects eligible for special investment incentives and support.
2. Provincial-level professional agencies in science and technology under the People's Committee issue certificates for encouraged technology transfers within local investment projects, not covered under Clause 1 of this Article.
There are two authorities with the jurisdiction to issue certificates of encouraged technology transfer, including: the Ministry of Science and Technology, and provincial-level professional agencies in science and technology under the People's Committee (Department of Science and Technology).
The jurisdiction to issue certificates of encouraged technology transfer by these authorities will vary depending on specific cases.
Which Authority Has the Jurisdiction to Issue the Certificate of Encouraged Technology Transfer According to Decision 12/2023/QD-TTg?
Under What Circumstances Does the Certificate of Encouraged Technology Transfer Cease to Be Effective?
In Article 5 of Decision 12/2023/QD-TTg, there are provisions on the cases in which the certificate of encouraged technology transfer ceases to be effective as follows:
Validity and Revocation of the Certificate
1. The certificate is effective from the date of issue.
2. The Certificate Issuing Authority has the authority to consider and decide to revoke the certificate's effectiveness in the following cases:
a) Falsification of application documents for the certificate;
b) Violation of the content within the certificate;
c) Upon request from competent state agencies in cases of related legal violations.
3. In cases where the certificate is revoked, its effectiveness ceases from the time the violation occurred. If the specific time of the violation cannot be determined, its effectiveness ceases from the time the violation is detected.
4. The decision to revoke the certificate's effectiveness must be notified to all parties involved in the technology transfer, the state investment management agency, the state tax management agency, and other relevant agencies responsible for deciding and implementing incentives and support.
There are three cases where the certificate of encouraged technology transfer ceases to be effective:
First, falsification of the application documents for the certificate.
Second, violation of the content within the certificate.
Third, upon request from competent state agencies in cases of related legal violations.
How Is Encouraged Technology Transfer Regulated?
In Article 9 of the Law on Technology Transfer 2017, the regulations on technologies encouraged for transfer are specified. Specifically:
- High technology; machinery and equipment accompanying high technology are encouraged for transfer according to the law on high technology.
- Advanced technology, new technology, clean technology suitable for Vietnam's socio-economic conditions are encouraged for transfer from abroad into Vietnam and within Vietnam when meeting one of the following requirements:
+ Creating products of higher quality and competitiveness compared to products made from existing similar technologies;
+ Creating national key products from domestic scientific research and technological development results;
+ Creating new service industries, manufacturing, processing products; breeding, cultivating new test plants;
+ Saving resources, energy, and materials compared to existing similar technologies in Vietnam;
+ Producing and using new energy, renewable energy; high-efficiency energy storage;
+ Creating machinery and equipment to improve education and training quality; medical equipment, pharmaceuticals for healthcare, diagnosis, protection, and enhancement of the Vietnamese population's physical fitness;
+ Detecting, handling, and forecasting to prevent natural disasters, epidemics; rescue and environmental protection, climate change adaptation, and greenhouse gas emissions reduction;
+ Efficiently integrated and synchronized production chains with high socio-economic impacts;
+ Creating products with dual-use for defense, security, and civilian use;
+ Developing and modernizing traditional handicrafts.
- Technologies; machinery, and equipment accompanying technologies prescribed at point d Clause 1 Article 4 of the Law on Technology Transfer 2017 currently available in Vietnam except:
+ High technology; machinery and equipment accompanying high technology are encouraged for transfer according to the law on high technology.
+ Advanced technology, new technology, clean technology suitable for Vietnam's socio-economic conditions are encouraged for transfer from abroad into Vietnam.
+ Technologies restricted for transfer from Vietnam to abroad.
+ Technologies using domestic products, semi-finished products, and materials are encouraged for transfer abroad.
LawNet
