What are the regulations on the form of report on performance of technology transfer agreements on the List of technologies restricted from transferring in Vietnam?
- What are the regulations on the preparation of annual reports on the performance of agreements on transfer of technology restricted from transferring?
- How must the parties implementing the transfer of technology restricted from transferring prepare annual reports?
- What are the regulations on the form of report on performance of technology transfer agreements on the List of technologies restricted from transferring?
- Failure to submit a report on performance of technology transfer agreements on the List of technologies restricted from transferring will be penalized?
What are the regulations on the preparation of annual reports on the performance of agreements on transfer of technology restricted from transferring?
Pursuant to Clause 3, Article 28 of the 2017 Law on Technology Transfer of Vietnam stipulating as follows:
Transfer of technology restricted from transferring
…
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.
According to that, the following entities must prepare annual reports on their performance of agreements on transfer of technology restricted from transferring:
- Transferees of technologies which are transferred from foreign countries to Vietnam or transferred domestically;
- Transferors of technologies which are transferred from Vietnam to foreign countries.
What are the regulations on the form of report on performance of technology transfer agreements on the List of technologies restricted from transferring in Vietnam? (Image from the Internet)
How must the parties implementing the transfer of technology restricted from transferring prepare annual reports?
Pursuant to the provisions of Article 2 of Circular 02/2018/TT-BKHCN of Vietnam stipulating reports on performance of a technology transfer agreements on the List of technologies restricted from transferring, as follows:
- Annually, the organizations and individuals mentioned in clause 3, Article 28 of the Law on Technology Transfer shall make a report about the performance of the agreement on transfer of technologies restricted from transferring (using form No. 05 in Appendix hereto) and send it to the Ministry of Science and Technology before December 31 of the reporting year.
- The reporting data shall be collected from December 15 of the previous year until December 14 of the reporting year.
- If the report is made for the first time and the performance period of the agreement has not been 01 year, the reporting party mentioned in clause 1 of this Article shall send the report in the following year and the data must show the previous performance period of the agreement.
- The report form must be written and include both written and electronic reports:
+ The written report must have the signature of the Head of the unit and bear a stamp (for organizations) or full name and signature (for individuals);
+ The electronic report must use Portable Document Format (.pdf) and Vietnamese font of Unicode as regulated in Vietnam Standards TCVN 6909:2001, and the contents must follow the written report.
- Reporting method: Organizations and individuals shall send the written report to the Ministry of Science and Technology in person or by post, at the same time, they shall send the electronic report to the email: vudtg@most.gov.vn.
What are the regulations on the form of report on performance of technology transfer agreements on the List of technologies restricted from transferring?
- Currently, the form of report on performance of technology transfer agreements on the List of technologies restricted from transferring, Form No. 05, Appendix enclosed with Circular 02/2018/TT-BKHCN of Vietnam is as follows:
See details of the report on performance of technology transfer agreements on the List of technologies restricted from transferring: Click here.
Failure to submit a report on performance of technology transfer agreements on the List of technologies restricted from transferring will be penalized?
Pursuant to Article 16 of Decree 51/2019/ND-CP of Vietnam stipulating as follows:
Violations against regulations on reporting of technological transfer, assessment and testing
1. Imposing the fine ranging from 1,000,000 dong to 2,000,000 dong for one of the following violations:
a) Failure to send the previous year’s report on performance of the contract for transfer of the technology already obtaining the technology transfer license to competent regulatory authorities;
b) Failure to report to the competent regulatory authorities in charge of science and technology affairs at the place where the technology transfer takes place when disseminating and transferring technologies for crop and livestock production, storage and processing of agricultural, forestry, fishery and salt products at rural, mountainous, island areas or those areas facing socio-economic disadvantages or special socio-economic disadvantages.
2. Imposing the fine ranging from 2,000,000 dong to 4,000,000 dong for failure to periodically send annual reports on results of technological assessment and testing to the receiving competent regulatory authority stipulated by law on technology transfer.
3. Imposing the fine ranging from 4,000,000 dong to 8,000,000 dong for failure to report to competent regulatory authority that has assessed or commented on the transferred technology when making any change or adjustment in contents of the transferred technology.
Thus, in case of failing to submit annual reports on performance of agreements on transfer of technology restricted from transferring, the violator may be subject to a fine of between VND 1,000,000 and VND 2,000,000. The fines for administrative violations are imposed on individuals; the fines incurred by an organization are twice as much as that incurred by an individual for the same administrative violation.
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