What are the forms of application for technology transfer approval and application for issuance of Technology Transfer License in Vietnam?
- Vietnam: When will the application for technology transfer approval need to be submitted?
- What are the application and procedures for approval for technology transfer in Vietnam?
- What are the application and procedures for approval for technology transfer?
- What are the forms of application for technology transfer approval and application for issuance of Technology Transfer License in Vietnam?
Vietnam: When will the application for technology transfer approval need to be submitted?
Pursuant to Article 28 of the Law on Technology Transfer 2017 stipulates as follows:
Transfer of technology restricted from transferring
1. An organization or individual that wants to transfer any of the technologies restricted from transferring as prescribed in Article 10 herein must apply for a technology transfer permit.
2. The issuance of technology transfer permit must comply with the following order:
a) Giving approval for technology transfer.
The transfer of technologies applied to investment projects which have been appraised or given opinions in the phase of issuing investment policies or investment decisions is exempted from approval for technology transfer;
b) Issuing technology transfer permit.
3. Transferees of technologies which are transferred from foreign countries to Vietnam or transferred domestically and transferors of technologies which are transferred from Vietnam to foreign countries must prepare annual reports on their performance of technology transfer agreements under regulations by the Ministry of Science and Technology.
Thus, in the case of transfer of technology restricted from transferring, the technology permit must be applied.
Before carrying out this procedure, the subjects must be approved for technology transfer, except for the transfer of technologies applied to investment projects which have been appraised or given opinions in the phase of issuing investment policies or investment decisions is exempted from approval for technology transfer.
What are the forms of application for technology transfer approval and application for issuance of Technology Transfer License in Vietnam? (Image from the Internet)
What are the application and procedures for approval for technology transfer in Vietnam?
Pursuant to Article 29 of the Law on Technology Transfer 2017 stipulates the application and procedures for approval for technology transfer as follows:
- An application for an approval for technology transfer includes:
+ The application form for an approval for technology transfer;
+ Proof of legal status of the applicant;
+ Written explanation for technology to be transferred;
+ Written explanation for conditions for applying transferred technology in accordance with regulations of law;
+ written explanation for the consistency of transferred technology with laws on technical standards and regulations.
- The organization or individual that wants to make transfer of technology restricted from transferring shall send an application for approval for technology transfer to the Ministry of Science and Technology.
- Within 03 working days from the receipt of application, the Ministry of Science and Technology shall consider and request the applicant to supplement the application in accordance with regulations.
- Within 30 days from the receipt of sufficient application, the Ministry of Science and Technology shall take charge of and cooperate with relevant ministries to give a written approval for technology transfer. If the application is refused, a written response which specifies reasons for refusal shall be given to the applicant.
- Minister of Science and Technology is responsible for promulgating the templates of the application form for approval for technology transfer and explanation for technology.
What are the application and procedures for approval for technology transfer?
Pursuant to Article 30 of the Law on Technology Transfer 2017 stipulates the application and procedures for approval for technology transfer as follows:
- An application for a technology transfer permit includes:
+ The application form for a technology transfer permit, which specifies the parties’ responsibility to ensure the compliance of contents of the technology transfer agreement with relevant laws;
+ Proof of legal status of the parties entering into the technology transfer agreement;
+ The original in Vietnamese or the certified copy of the technology transfer agreement. In case of unavailability of the technology transfer agreement in Vietnamese language, the notarized or certified translation into Vietnamese language shall be submitted;
+ The list of documents concerning technology, machinery, equipment (if any) enclosed with the technology transfer agreement;
+ The certified copy of IP Rights Certificate for objects subject to IP Rights protection (if any);
+ Quality standards of products created by applying the transferred technology;
+ Explanation for conditions for using technology;
+ The written record of valuation of transferred technology in case the transferee uses state funding.
- Upon the receipt of approval for technology transfer from the Ministry of Science and Technology, the parties shall conclude a technology transfer agreement.
- Within 60 days from the conclusion of the technology transfer agreement, the party that is obliged to apply for a technology transfer permit shall send an application for a technology transfer permit to the Ministry of Science and Technology.
- Within 05 working days from the receipt of application, the Ministry of Science and Technology shall consider and request the applicant to supplement the application in accordance with regulations.
Within 60 days from the receipt of the written request for supplementation of the application, the applicant must supplement required documents or submit an application for extension of deadline for supplementing documents. The extension given to supplement the application shall not exceed 60 days. Over this period, if the applicant fails to supplement required documents, the Ministry of Science and Technology shall give a written notification of refusal to issue the technology transfer permit and return the application as requested.
- Within 15 working days from the receipt of sufficient application, the Ministry of Science and Technology shall process the application and grant a technology transfer permit to the applicant. If the application is refused, a written response which specifies reasons thereof shall be given.
- In case of change in contents of a technology transfer permit, the applicant must carry out procedures for a new permit.
- Minister of Science and Technology is responsible for promulgating the template of the application form for a technology transfer permit and the technology transfer permit template.
What are the forms of application for technology transfer approval and application for issuance of Technology Transfer License in Vietnam?
- Currently, the application form for technology transfer approval is specified in Form No. 01 of the Appendix issued together with Circular 02/2018/TT-BKHCN as follows:
See details of the application form for technology transfer approval: Click here.
- The current form of application form for issuance of Technology Transfer License is specified in Form 03 of the Appendix issued together with Circular 02/2018/TT-BKHCN as follows:
See details of the application form for issuance of Technology Transfer License: Click here.
Thư Viện Pháp Luật
