Vietnam: If the certificate of registration of technology transfer is revoked, shall organizations or individuals who received support reimburse the support to the State budget?
- When is the certificate of registration of technology transfer revoked in Vietnam?
- Vietnam: If the certificate of registration of technology transfer is revoked, shall organizations or individuals who received support reimburse the support to the State budget?
- What are the prohibited acts in technology transfer in Vietnam?
When is the certificate of registration of technology transfer revoked in Vietnam?
Pursuant to Article 32 of the Law on Technology Transfer 2017 stipulates:
Validity of technology transfer permit/ Certificate of registration of technology transfer
1. Technology transfer permit/ Certificate of registration of technology transfer shall become effective as from the issued date.
2. Issuing authorities shall have the power to nullify the issued technology transfer permit/ Certificate of registration of technology transfer in the following cases:
a) Failing to comply with provisions in the technology transfer permit or Certificate of registration of technology transfer;
b) Forging the application for the technology transfer permit or Certificate of registration of technology transfer;
c) At the request of a regulatory authority in case the holder commits violations against regulations of relevant laws.
3. If an organization or individual has been granted the Certificate of registration of technology transfer and enjoyed supports or incentives under regulations of law but such Certificate is nullified, the Certificate holder is responsible for returning received supports or incentives to the Government in accordance with the Government's regulations.
Accordingly, when falling into the 3 cases mentioned in Clause 2 above, the certificate of registration of technology transfer will be revoked by the competent authority.
Vietnam: If the certificate of registration of technology transfer is revoked, shall organizations or individuals who received support reimburse the support to the State budget? (Image from the Internet)
Vietnam: If the certificate of registration of technology transfer is revoked, shall organizations or individuals who received support reimburse the support to the State budget?
Pursuant to Clause 3, Article 32 of the Law on Technology Transfer 2017 stipulates that if an organization or individual has been granted the Certificate of registration of technology transfer and enjoyed supports or incentives under regulations of law but such Certificate is nullified, the Certificate holder is responsible for returning received supports or incentives to the Government in accordance with the Government's regulations.
Specifically, the guidance on reimbursement of supports or incentives is specified in Article 7 of Decree 76/2018/ND-CP with the following provisions:
- The organizations or individuals who received supports or incentives through technology transfer shall reimburse these supports or incentives to the state budget if the Technology Transfer Registration Certificate is nullified in accordance with clause 2, Article 32 of the Law on Technology Transfer.
- Within 05 working days from the date on which the Technology Transfer Registration Certificate is nullified, the agency that issues this certificate shall send a written notification to the organizations or individuals, financial management agencies at the same level and the competent agencies which make decisions on providing supports or incentives to the organizations or individuals as prescribed by laws, and shall post this notification on its website.
Within 05 working days from the date on which the notification of nullification of the Technology Transfer Registration Certificate is received, the financial management agency and the competent authority which provide supports or incentives for the organizations or individuals shall send a notification to the aforesaid organizations or individuals to request for the reimbursement of supports and incentives as prescribed by laws.
- Within 20 working days from the date on which the notification of the reimbursement of supports or incentives is received, the organizations or individuals who have the Technology Transfer Registration Certificate nullified shall reimburse the fund in full to the State Budget through the state treasury.
If the organizations or individuals do not reimburse the supports or incentives on time, this case shall be handled in accordance with the relevant regulations of laws.
- The relevant organizations shall include the report on the process of reimbursement to the state fund budget in their annual final accounts and/or annual financial statements as prescribed by laws.
What are the prohibited acts in technology transfer in Vietnam?
Pursuant to Article 12 of the Law on Technology Transfer 2017 stipulates that the following acts are prohibited acts in technology transfer:
- Abusing technology transfer activities to harm national defense, security interests, human health, environment, social ethnics, customs and habits; harm the lawful rights and interests of an organization or individual; deteriorate natural resources or biodiversity.
- Carrying out the transfer of technologies which are banned from transferring; illegally transferring technologies which are restricted from transferring.
- Committing violations against regulations on rights to transfer technology.
- Committing deceits or frauds in making and performing technology transfer agreements, technology transfer service contracts, and technology-related contents specified in contracts or investment project dossiers.
- Obstructing the provision of, or refusing to provide information concerning technology transfer activities upon requests of regulatory authorities.
- Disclosing technological secrets inconsistently with the law or obstructing technology transfer activities.
- Using/ applying technologies other than those approved or permitted by regulatory authorities.
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