Regulations on announcing new technologies and new products which are produced in Vietnam

Decree No. 76/2018/NĐ-CP of Vietnam’s Government has stipulated regulations on announcing new technologies and new products which are produced in Vietnam, specifically as follows:

Announcing new technologies and new products which are produced in Vietnam based on the R&D findings

- The organizations or individuals who request the evaluation and assessment of new technologies and new products shall send an application in person or by post to the competent authority (01 written application and 01 electronic application).  The application shall consist of:

+ An application form requesting the evaluation and assessment of new technologies and new products,

+ A proof of the legal ownership rights to new technologies or new products, or a written commitment if there is no proof.

+ A description of characteristics, technical effects, quality, comparison on features of technologies, imported products with the same quality or are used in foreign countries.

+ A report on the application results of new technologies or new products.

+ The following documents (if any): A document on the opinions of organizations or individuals on the actual application effects and rewards, documents on intellectual property rights, standards, measures and quality, and other documents.

- The evaluation and assessment contents are about:

+ The compliance with regulations on ownership rights, intellectual property rights; standards, measures and quality; testing results; and conditions of registration.

+ Comparison on the prices between new technologies or new products and imported technologies or imported products.

+ Characteristics, technical effects, quality, comparison on features of technologies, imported products with the same quality or are used in foreign countries.  

+ Scope, application scale, transfer; economic-social values, environment, national defense and security in specific conditions of the whole country or the provinces. 

- Procedures for considering and appraising application shall be carried out in accordance with the regulations.

- The Ministry of Science and Technology shall decide to announce new technologies or new products which are produced in Vietnam but have the same quality with imported technologies or imported products and shall post this announcement on its website. 

- Encouraging agencies and organizations to use new technologies or new products, which are produced in Vietnam and announced in accordance with clause 4 of this Article, in the investment project funded by the state budget; in procurement and when providing public products and services.

- The Ministry of Science and Technology promulgates the forms for completing the procedures specified in this Article.

Developing created technologies and improving national key products

- Domestic organizations or individuals who produce technologies based on the R&D findings to produce national key products shall be considered for receiving financial supports or having their findings purchased in accordance with regulations.

- Transferees of created technologies for developing technologies and improving national key products shall be prioritized to carry out science and technology tasks.

- Aside from the expenditures specified in current regulations, organizations or individuals who carry out science and technology tasks for developing technologies and finishing national key products shall also be provided with financial supports for purchasing copyrights and software tools; plans, domestic animals; equipment, technical documents, information on intellectual property rights; technical know-how; importing prototypes for analysis and reverse engineer performance; hiring domestic or foreign professionals for evaluating technologies and performing reverse engineering.

- Organizations or individuals who transfer, apply and perfect technologies for producing national key products shall receive incentives on credits, tax and land use, and supports for commercial enhancement and market development as prescribed in the regulations of national science and technology programs and of other programs or schemes managed by departments, sectors or localities.

Funding sources:

- The fundings used for providing financial support or purchasing findings and are specified in clause 1 of this Article shall be allocated from the state budget and programs or schemes managed by departments, sectors or localities.

- The fundings shall be allocated from state budget used for science and technology activities and from science and technology development funds of departments, ministerial agencies, governmental agencies, provincial agencies and agencies of central-affiliated cities; from national programs for science and technology; from other programs or schemes which are managed by departments, sectors or localities and from other legal funding sources.

View more details at Decree No. 76/2018/NĐ-CP of Vietnam’s Government, effective from July 01, 2018.

-Thao Uyen-

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