Who must pay fees for assessment of technology transfer agreements? How much is the fee for assessment of technology transfer agreements in Vietnam?
Who must pay fees for assessment of technology transfer agreements in Vietnam?
Pursuant to Article 2 of Circular No. 169/2016/TT-BTC stipulating those who must pay fees for assessment of technology transfer agreements as follows:
Domestic and overseas applicants for certificates of registration of technology transfer agreements, approval for technology transfer and license for transfer of technologies that are specified in the list of technologies of which transfer is restricted under the Government’s Decree No. 76/2018/ND-CP.
Who must pay fees for assessment of technology transfer agreements? How much is the fee for assessment of technology transfer agreements in Vietnam?
How much is the fee for assessment of technology transfer agreements in Vietnam?
Pursuant to Article 4 of Circular No. 169/2016/TT-BTC, the amount of fees for assessment of technology transfer agreement shall be specified as follows:
(1) The amount of fees for assessment of technology transfer agreements for registration:
- The amount of fee for assessment of a technology transfer agreement that is initially registered shall be equal to 0.1 % of the total value of that agreement but not exceeding 10 million and not less than 05 million dong.
- The mount of fee for assessment of a technology transfer agreement that is registered for amendment and supplement shall be equal to 0.1 % of the total value of the amended/supplemented agreement but not exceeding 05 million and not less than 03 million dong.
(2) The amount of fees for assessment of agreements on transfer of restricted technologies on the List:
- Fee for assessment for approval for technology transfer is 10 million dong.
- Fee for assessment of a technology transfer agreement for issuance of the license for technology transfer shall be determined in accordance with point a clause 1 Article 4 of Circular No. 169/2016/TT-BTC.
In addition, in Clause 1, Article 5 of Circular No. 169/2016/TT-BTC, the time for fee declaration and payment is as follows:
Fee declaration and payment
1. The collector shall transfer collected fees of the immediately preceding month to a designated account opened at the State Treasuries by 05th of every month.
Thus, the collector shall transfer collected fees of the immediately preceding month to a designated account opened at the State Treasuries by 05th of every month.
What are the contents of a technology transfer agreement?
According to Article 23 of the 2017 Law on Technology Transfer in Vietnam, the contents of a technology transfer agreement include:
- Name of technology to be transferred.
- Technologies to be transferred, products created by the transferred technology, their quality standards.
- Transfer of the ownership and/or the right to use technology.
- Method of technology transfer.
- Rights and obligations of the parties.
- Price and method of payment.
- Duration and effective date of the technology transfer agreement.
- Definitions and terms used in the technology transfer agreement (if any).
- Technology transfer plan or schedule, and location.
- Warranty on transferred technology.
- Penalty for breach of agreement.
- Liability for breach of agreement.
- Dispute resolution authority.
- Other contents agreed upon by the parties.
What is the duration and effective date of the technology transfer agreement?
Pursuant to Article 24 of the 2017 Law on Technology Transfer in Vietnam, the duration and effective date of the technology transfer agreement is prescribed as follows:
- Duration of a technology transfer agreement shall be agreed upon by the parties.
- The effective date of a technology transfer agreement shall be agreed upon by the parties. In case the parties fail to agree on the effective date, the technology transfer agreement shall become effective as from the date on which it is signed, excluding the cases prescribed in Clause 3 Article 24 of the 2017 Law on Technology Transfer in Vietnam.
- An agreement for transfer of technology restricted from transferring shall become effective as from the issued date of the technology transfer permit.
The technology transfer agreement which must be registered under regulations in Clause 1 and Clause 2 Article 31 in the 2017 Law on Technology Transfer in Vietnam shall become effective as from the issued date of Certificate of registration of technology transfer.
If a technology transfer agreement is extended or revised, the written agreement on extension or revision shall become effective as from the issued date of Certificate of registration of technology transfer extension or revision.
Nguyễn Thị Hồng Nhung