What are the cases of modification of an encouraged technology transfer certificate in Vietnam?
What are the cases of modification of an encouraged technology transfer certificate in Vietnam?
Clause 1, Article 6 of Decision 12/2023/QD-TTg regulates the modification of an encouraged technology transfer certificate.
The parties involved in the technology transfer, who have agreed to modify the contents of the encouraged technology transfer and have been granted a certificate and implemented these modifications, will have their encouraged technology transfer certificate modified.
What are the cases of modification of an encouraged technology transfer certificate in Vietnam?
What does the application for modification of an encouraged technology transfer certificate in Vietnam include?
Article 6 of Decision 12/2023/QD-TTg regulates the application for modification of an encouraged technology transfer certificate.
Modification of the Certificate
1. The modification of the Certificate apply to cases where the parties involved in the technology transfer have agreed to modify the contents of the encouraged technology transfer, and have been granted a Certificate and implemented these modifications.
2. The application for modification of the Certificate includes:
a) A written request for the modification of the encouraged technology transfer certificate following Form No. 08 in the Annex issued with this Decision;
b) The original Certificate;
c) The original or a certified copy of the agreement to modify the technology transfer agreement in Vietnamese or a notarized or certified Vietnamese translation for agreements in foreign languages;
d) Related documents on the modifications as specified in points c, d, đ, and e, Clause 1, Article 4 of this Decision.
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The application for modification of the encouraged technology transfer certificate includes the following documents:
- A written request for the modification of the encouraged technology transfer certificate following Form No. 08 in the Annex issued with Decision 12/2023/QD-TTg.
- The original Certificate.
- The original or a certified copy of the agreement to modify the technology transfer agreement in Vietnamese or a notarized or certified Vietnamese translation for agreements in foreign languages.
- Related documents on the modifications as specified in points c, d, dd, and e, Clause 1, Article 4 of Decision 12/2023/QD-TTg.
What are the procedures for modification of an encouraged technology transfer certificate in Vietnam?
The procedures for modification of an encouraged technology transfer certificate in Vietnam are regulated in Clause 6 of Decision 12/2023/QD-TTg and include the following steps:
Step 1: The transferring or receiving party represents the parties to submit 01 application for modification of the Certificate directly, by post, or via the online public service portal to the issuing authority.
Step 2: Within 03 working days from the date of receipt of the application, the issuing authority reviews the completeness and validity of the application. In case the application is incomplete, invalid, or has contents that need to be modified, the issuing authority shall issue a written request for modification, clearly stating the content and deadline for modification.
Step 3: Within 10 working days from the date of receipt of a complete and valid application, the issuing authority shall review and issue the modified encouraged technology transfer certificate. In case of rejection, the reasons must be stated in writing.
For cases where the technology transfer contents involve changes in technology, technology products, or the scale of production and quality standards of products, the issuing authority will establish a Council and issue the modified Certificate following the procedures specified in Clause 2, Article 4 of Decision 12/2023/QD-TTg.
What are the regulations on the invalidation of the encouraged technology transfer certificate in Vietnam?
Article 5 of Decision 12/2023/QD-TTg stipulates the invalidation of the Certificate as follows:
* The issuing authority has the authority to consider and decide to invalidate the Certificate in the following cases:
- Forgery of application documents for the issuance of the Certificate.
- Violation of the contents of the Certificate.
- At the request of a competent state agency in case of related legal violations.
* When the Certificate is canceled, its validity ends from the time the violation occurred. If the exact time of violation cannot be determined, the validity ends from the time the violation was discovered.
* The decision to invalidate the Certificate must be notified to the parties involved in the technology transfer, the state management agency on investment, the state tax administration agency, and relevant agencies linked to the decision and implementation of incentives and support.
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