How are agricultural varieties from Vietnam restricted from transferring technology abroad?

How are agricultural varieties from Vietnam restricted from transferring technology abroad?

Hello Lawnet. I recently received a transfer of agricultural varieties from Vietnam to a foreign country. However, I have heard that the transfer of agricultural varieties from Vietnam to a foreign country should be restricted to prevent the creation of products that compete with Vietnam's products. Is this true? What document regulates this? I would appreciate your early response.

Answer:

Pursuant to Clause 2 Article 10 of the Law on Technology Transfer in 2017, the transfer of the following technologies from Vietnam to foreign countries shall be restricted:

- Technologies that are employed to create traditional products or perform production activities according to traditional know-how or use or create categories/ species of agricultural varieties, minerals or typical precious materials of Vietnam;

- Technologies that are employed to create products to export to the markets in which there are products competitive with the main export products of Vietnam.

Therefore, agricultural varieties, products produced according to traditional secret recipes or rare and characteristic products of Vietnam should be restricted from technology transfer to compete in the country's main export markets.

How are agricultural varieties from Vietnam restricted from transferring technology abroad? - Source: Internet

What are 06 types of technology transfer services in Vietnam?

What are types of technology transfer services in Vietnam? Thank you!

Answer:

Technology transfer is the transfer of ownership of technology or the transfer of the right to use technology from the party with the right to transfer technology to the party receiving technology.

Pursuant to Article 45 of the Law on Technology Transfer in 2017 stipulating types of technology transfer services as follows:

- Technology transfer brokerage.

- Technology transfer consultancy.

- Technology appraisal.

- Technology valuation.

- Technology assessment.

- Promotion of technology transfer.

Above are 06 types of technology transfer services in Vietnam.

Is a technology transfer contract in Vietnam required to be in writing?

Is a technology transfer contract in Vietnam required to be in writing? Thank you!

Answer:

Technology transfer is the transfer of ownership of technology or the transfer of the right to use technology from the party with the right to transfer technology to the party receiving technology.

Pursuant to Clause 1 Article 22 of the Law on Technology Transfer in 2017 stipulating types of technology transfer services as follows:

A technology transfer agreement must be concluded in writing or in any forms which are considered as written transactions under regulations of the Civil Code. The agreement must be signed and sealed (if any) by the parties; all pages of the agreement or its appendixes must be initialed and sealed (if any).

According to this regulation, a technology transfer contract must be in writing or in another form that is considered a written transaction. The other form here can be telegram, telex, fax, data message, etc.

In addition, the language of the technology transfer contract is agreed upon by the parties in Vietnamese or another language.

Best regards!