From 01/7/2023: What are cases of revocation of the Certificate of technologies encouraged for transfer in Vietnam?

From 01/7/2023: What are cases of revocation of the Certificate of technologies encouraged for transfer in Vietnam?

Pursuant to Article 5 of the Decision 12/2023/QĐ-TTg stipulating cases of revocation of the Certificate of technologies encouraged for transfer in Vietnam as follows:

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 a 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 relevant agencies. related to the decision and implementation of incentives and support.

Thus, from July 1, 2023, the validity of the Certificate of technologies encouraged for transfer will be revocated in three cases, including:

- 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.

What are technologies encouraged for transfer in Vietnam?

Pursuant to Article 9 of the Law on Technology Transfer in 2017 stipulating technologies encouraged for transfer in Vietnam as follows:

- High technologies; accompanying machinery/ equipment of high technologies the transfer of which is encouraged under regulations of the law on high technologies.

- Advanced technologies, new technologies and clean technologies that are suitable for socio-economic conditions of Vietnam shall be encouraged for transfer from foreign countries to Vietnam or domestically if any of the following requirements is satisfied:

+ Produce high-quality and highly competitive products against those produced by the existing technology of the same type;

+ Produce national key products from domestic findings on scientific research and technological development;

+ Generate new manufacturing and processing services/ industries/ sectors; breed/ cultivate new varieties which have been tested;

+ Save resources, energy or fuels in comparison with the existing technology of the same type in Vietnam;

+ Generate or use new or renewable energy; store energy in highly efficient way;

+ Generate machinery/ equipment to improve educational and training quality; medical machinery/equipment and pharmaceutical products serving medical diagnosis and treatment, protection of human health and improve the physical strength for Vietnamese people;

+ Discover, handle or forecast natural disasters or epidemic diseases; serve search and rescue activities; protect environment and cope with climate change and reduce the greenhouse gas emission;

+ Assist the consistent production according production chains with high socio-economic efficiency;

+ Create products which concurrently serve national defense, security and civil purposes;

+ Develop and modernize traditional handicrafts.

- Technologies; machinery/equipment accompanying the technologies which are mentioned in Point d Clause 1 Article 4 of the Law on Technology Transfer in 2017 and exist in Vietnam, excluding:

+ High technologies; accompanying machinery/ equipment of high technologies the transfer of which is encouraged under regulations of the law on high technologies.

+ Advanced technologies, new technologies and clean technologies that are suitable for socio-economic conditions of Vietnam

+ The transfer of the following technologies from Vietnam to foreign countries;

+ Technologies operated by fuels which are domestically produced products or haft-way products are encouraged for transfer to foreign countries.

Which agency is competent to issue the Certificate of technologies encouraged for transfer in Vietnam?

Pursuant to Article 3 of the Decision 12/2023/QĐ-TTg stipulating regulations on the competence to issue Certificate of technologies encouraged for transfer in Vietnam as follows:

Authority to issue Certificate

Authorities 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 under the authority of the National Assembly and the Prime Minister subject to application of 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 technology transfer encouraged for transfer in investment projects in the locality and not in the cases specified in Clause 1 of this Article.

Thus, the agency competent to issue the Certificate of technologies encouraged for transfer includes: Ministry of Science and Technology; Science and technology professional agency under the People's Committee of the province (Department of Science and Technology).

Note: Decision 12/2023/QD-TTg takes effect from July 1, 2023.

Best regards!