What are the procedures for issuance of the Certificate of transfer of technology encouraged for transfer in Vietnam?
- What are the procedures for issuance of the Certificate of transfer of technology encouraged for transfer in Vietnam?
- Which agency has the competence to issue Certificates of transfer of technology encouraged for transfer in Vietnam?
- In what cases is the certificate of transfer of technology encouraged for transfer invalidated?
What are the procedures for issuance of the Certificate of transfer of technology encouraged for transfer in Vietnam?
In Clause 2, Article 4 of Decision No. 12/2023/QD-TTg stipulating the procedures for issuance of certificate of transfer of technology encouraged for transfer in Vietnam as follows:
The consideration and issuance of Certificates shall be carried out after the contents of technology transfer have been implemented and products produced. In case the written technology transfer agreement stipulates product standards, the products must meet the standards in accordance with the written agreement.
Step 1: The transferor or the technology transferee, on behalf of the parties to the technology transfer, submits 01 application for a Certificate of technology transfer encouraging the transfer of technology directly or by post or through the Online Public Service Portal to the certificate-issuing agency;
Step 2: Within 03 working days from the date of receipt of the dossier, the certificate-issuing agency shall consider the completeness and validity of the dossier.
In case the dossier is incomplete or invalid or contains contents that need to be amended or supplemented, the Certificate-issuing agency shall make a written request for amendment and supplementation, clearly stating the contents and time limit for modification and supplementation;
Step 3: Within 05 working days from the day on which the complete and valid application is received, the Certificate-issuing body shall decide to establish the Science and Technology Advisory Council (hereinafter referred to as the Council) to appraise the application file for the Certificate;
Step 4: Meeting to appraise the application for the Certificate.
The Council shall hold a meeting to appraise the Certificate of Application dossier within 05 working days from the date of establishment.
The Council considers the compatibility of the transferred technology with the List of technologies encouraged to transfer under the provisions of the Law on Technology Transfer; evaluate the implementation of technology transfer contents recorded in the technology transfer agreement document and other relevant contents.
Step 5: Within 05 working days from the date of receipt of the report on appraisal results and the meeting minutes of the Council, the Certificate-issuing agency shall consider and decide on the issuance of the certificate of transfer of technology encouraged for transfer.
In case of refusal, it must reply and clearly state the reason for the refusal in writing.
What are the procedures for issuance of the Certificate of transfer of technology encouraged for transfer in Vietnam?
Which agency has the competence to issue Certificates of transfer of technology encouraged for transfer in Vietnam?
The competence to issue certificates of transfer of technology encouraged for transfer is specified in Article 3 of Decision No. 12/2023/QD-TTg as follows:
Competence to issue Certificates
Agencies competent to issue Certificates (hereinafter referred to as Certificate-issuing agencies):
1. The Ministry of Science and Technology shall grant certificates of technology transfer to encourage transfer in investment projects falling under the authority to approve investment policies of the National Assembly, the Prime Minister and investment projects subject to special investment incentives and support.
2. The specialized science and technology agency under the People's Committee of the province shall grant the Certificate of transfer of technology encouraged for transfer for transfer in investment projects in the locality and not in the cases specified in Clause 1 of this Article.
According to the above regulations, the following agencies are competent to transfer certificates of transfer of technology encouraged for transfer:
- The Ministry of Science and Technology shall grant certificates of technology transfer to encourage transfer in investment projects falling under the authority to approve investment policies of the National Assembly, the Prime Minister and investment projects subject to special investment incentives and support.
- The specialized agency in science and technology affiliated to the People's Committee of the province shall issue the Certificate for technology transfer to encourage transfer in investment projects in the locality and not in the cases specified in Clause 1 Article 3 of Decision No. 12/2023/QD-TTg.
In what cases is the certificate of transfer of technology encouraged for transfer invalidated?
The invalidation of the certificate of transfer of technology encouraged for transfer is specified in Article 5 of Decision No. 12/2023/QD-TTg.
Validity, invalidation of the Certificate
1. The certificate takes effect from the date of issue.
2. The Certificate-issuing body is competent to consider and decide to cancel the validity of the Certificate in the following cases:
a) Forging the application for the Certificate;
b) Violating the contents of the Certificate;
c) At the request of a competent state agency in case of violation of relevant laws.
3. In case the Certificate is invalidated, the validity of the Certificate will cease from the time of occurrence of the violation. In case it is not possible to determine the exact time when the violation occurred, the validity of the Certificate will terminate from the time the violation is discovered.
4. The decision to invalidate the Certificate must be notified to the parties to the technology transfer, the investment state management agency, the tax state management agency and agencies related to the decision and implementation of incentives and support.
Thus, according to the above provisions, the certificate-issuing agency has the authority to consider and decide to cancel the validity of the Certificate in the following cases:
- Forging the application for the Certificate.
- Violating the contents of the Certificate.
- At the request of a competent state agency in case of violation of relevant laws.
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