04:34 | 05/06/2024

Vietnam: What does technology assessment refer to? Is technology assessment a type of technology transfer service?

“In Vietnam, what does technology assessment refer to? Is technology assessment a type of technology transfer service? Is a description of the technology assessment method or process required in an application for issuance of a Certificate of eligibility to provide technology assessment service?” asked a reader

What does technology assessment refer to? Is technology assessment a type of technology transfer service?

Under Clause 19, Article 2 of the Law on Technology Transfer 2017, the definition of technology assessment is as follows:

Interpretation of terms
In this Law, the following terms shall be construed as follows:
...
19. Technology assessment refers to the process of identifying criteria of a given technology which have been satisfied through its applications against those agreed upon by the parties.
20. Technology transfer brokerage refers to a set of activities which provide assistance in seeking parties interested in technology transfer.
21. Technology transfer consultancy refers to a set of activities which provide assistance in selecting and applying technology; collecting information about technology, patients and/or findings on scientific research and technological development; negotiating, concluding and performing technology transfer agreements.
22. Promotion of technology transfer refers to a set of activities which create and improve the transfer of technology; provide services of advertising, exhibition and introduction of technology; organize technology markets, trade fairs and exhibitions, points of technology supply and demand, and technology transfer centers.

Thus, technology assessment refers to the process of identifying criteria of a given technology that have been satisfied through its applications against those agreed upon by the parties.

Under Article 45 of the Law on Technology Transfer 2017, the types of technology transfer services are as follows:

Types of technology transfer services
1. Technology transfer brokerage.
2. Technology transfer consultancy.
3. Technology appraisal.
4. Technology valuation.
5. Technology assessment.
6. Promotion of technology transfer.

Thus, according to the above regulations, technology assessment is a type of technology transfer service.

What are the conditions for issuance of a Certificate of eligibility to provide technology assessment service in Vietnam?

Under Article 36 of Decree 76/2018/ND-CP, the conditions for issuance of a Certificate of eligibility to provide technology assessment service in Vietnam are as follows:

When applying for the Certificate of eligibility to provide technology assessment service, science and technology enterprises or organizations shall satisfy the following conditions:

- Be established and registered for business operation as prescribed by laws.

- Have a management system and an operation capacity that satisfy the requirements specified in the national standards TCVN ISO/IEC 17020:2012 or in the international standards ISO/IEC 17020:2012 or in the national or international standards for specialized assessment.

- Have at least 02 official assessors who are qualified in technology assessment field (an official or an employee signing a contract of 12 months or more, or signing a permanent contract) and satisfy the following conditions:

+ Graduate with a bachelor's degree or higher and specialize in a suitable field with the technology field requiring the assessment.

+ Be trained under the national standards TCVN ISO/IEC 17020:2012 or international standards ISO/IEC 17020:2012 or the national or international standards for specialized assessment

+ Have at least 03 years of experience or more in the suitable technological field requiring the assessment.

Note: If there is a need to add more suitable technology fields, the organizations or enterprises shall have at least 02 professionals who have experience in these fields for carrying out the assessment and satisfying the conditions specified in this clause.

Is a description of the technology assessment method or process required in an application for issuance of a Certificate of eligibility to provide technology assessment service in Vietnam?

Under Point dd, Clause 1, Article 38 of Decree 76/2018/ND-CP stipulating the application for the issuance of a Certificate of eligibility to provide technology assessment service:

Application for the issuance of a Certificate of eligibility to provide technology assessment service
1. Application for issuance of the Certificate of eligibility to provide technology assessment service shall include:
a. An application form requesting the Certificate of eligibility to provide technology assessment service, using form No. 03 in Appendix IV hereto.
b. The establishment license of the applicant, business registration certificate or investment license (if
the applicant sends the application in person, he/she shall submit the certified true copies of these licenses or certificate, or the copies enclosed with the originals; if the application is sent via post office, the applicant shall submit the certified true copies).
c. Documents proving the potential to carry out assessments and satisfy the regulations in clause 2, Article 36 hereof.
d. A list of technology assessors; enclosed with the documents related to each technology assessor, including: A copy of the recruitment decision or the labor contract; a certified true copy of the degree or certificate specified in point a and b, clause 3, Article 36 hereof; a summary of the assessor’s experience in carrying out technology assessment and documents proving his/her experience in carrying out such assessment.
A list of assessors of the organization and a summary of their experience in carrying out technology assessments, using form No. 07 and No. 08 in Appendix IV hereto.
dd. A description of technology assessment method or process relating to each technology field which requires technology assessment.
e. Form of assessment certificate for organizations
...

Thus, the application for issuance of a Certificate of eligibility to provide technology assessment service in Vietnam must include a description of the technology assessment method or process relating to each technology field that requires technology assessment.

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