Which entities shall have authority to issue Technology Transfer Registration Certificate in Vietnam?

Which entities shall have authority to issue Technology Transfer Registration Certificate in Vietnam?

Pursuant to Article 6 of the Decree 76/2018/ND-CP stipulating the authority to issue Technology Transfer Registration Certificate in Vietnam as follows: 

1. As for the technology transfer through carrying out investment project:

a. The Ministry of Science and Technology shall issue a Technology Transfer Registration Certificate to an investment project in Vietnam which is under the decision on policy of investment of the National Assembly, Prime Minister, ministries and central government authorities as prescribed in the regulations of the law on investment, of the law on public investment and the law on outward investment projects.

b. The Department of Science and Technology shall issue a Technology Transfer Registration Certificate to an investment project within the areas managed in accordance with the decision on policy of investment of the People’s Councils, People’s Committees, Manage Boards of industrial parks, of export processing zones, of hi-tech parks and of economics zones as prescribed in the law on investment and the law on public investment; to the project required to register for Technology Transfer Registration Certificate but is not required to obtain a decision on policy of investment of the regulatory agency; to the cases where the applicants choose to register in accordance with clause 2, Article 31 of the Law on Technology Transfer. 

2. As for the independent technology transfer and other forms as prescribed by laws:

a. The Ministry of Science and Technology shall issue a Technology Transfer Registration Certificate to the applicant who transfers technology from a foreign country to Vietnam or from Vietnam to a foreign country.

b. The Department of Science and Technology shall issue a Technology Transfer Registration Certificate to the applicant who transfers technology within Vietnam by using state fund or state budget, and to the applicant who falls into the case mentioned in clause 2 Article 31 of the Law on Technology.

3. The Ministry of National Defense shall issue the Technology Transfer Registration Certificate to the cases where the technology transfer is on the list of national defense secrets or on the list of properties procured by using national defense's special budget.

4. The authority to issue the Certificate of Registration of Technology Transfer Extension (hereinafter referred to as "Extension Certificate”) to the cases mentioned in clause 1 and clause 2, Article 42 hereof shall be carried out in accordance with the regulations in clause 1, 2 and 3 hereof.

5. The Department of Science and Technology shall send a report on the technology transfer process to the Ministry of Science and Technology before December 31 every year; the reporting data shall be made from December 15 of the previous year to December 14 of the reporting year.  The report on the technology transfer process shall be made by using form No. 10 in Appendix IV hereto.

What are procedures for reimbursement of supports or incentives through technology transfer in Vietnam?

Pursuant to Article 7 of the Decree 76/2018/ND-CP stipulating procedures for reimbursement of supports or incentives through technology transfer in Vietnam as follows: 

1. The organizations or individuals who received supports or incentives through technology transfer shall reimburse these supports or incentives to the state budget if the Technology Transfer Registration Certificate is nullified in accordance with clause 2, Article 32 of the Law on Technology Transfer.

2. Within 05 working days from the date on which the Technology Transfer Registration Certificate is nullified, the agency that issues this certificate shall send a written notification to the organizations or individuals, financial management agencies at the same level and the competent agencies which make decisions on providing supports or incentives to the organizations or individuals as prescribed by laws, and shall post this notification on its website.

Within 05 working days from the date on which the notification of nullification of the Technology Transfer Registration Certificate is received, the financial management agency and the competent authority which provide supports or incentives for the organizations or individuals shall send a notification to the aforesaid organizations or individuals to request for the reimbursement of supports and incentives as prescribed by laws.

3. Within 20 working days from the date on which the notification of the reimbursement of supports or incentives is received, the organizations or individuals who have the Technology Transfer Registration Certificate nullified shall reimburse the fund in full to the State Budget through the state treasury.

If the organizations or individuals do not reimburse the supports or incentives on time, this case shall be handled in accordance with the relevant regulations of laws.

4. The relevant organizations shall include the report on the process of reimbursement to the state fund budget in their annual final accounts and/or annual financial statements as prescribed by laws.   

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