Regulations on registration of technology transfer in Vietnam

Specifically, Decree No. 76/2018/NĐ-CP of Vietnam’s Government has stipulated regulations on registration of technology transfer and the authority to issue Technology Transfer Registration Certificate.

Registration of technology transfer

- If the technology transfer is not required to be registered according to the regulations in clause 1, Article 31 of the Law on Technology Transfer of Vietnam, but the organizations or individuals still have the need to register for the technology transfer, they shall complete the procedures prescribed in the regulations in clauses 3, 4, 5 and 6 of Article 31 of the Law on Technology Transfer of Vietnam and the regulations hereof.

+ The effective date of the technology transfer agreement shall be agreed by contracting parties.

+ If the parties have not executed this agreement by the time of registration for the technology transfer, this agreement shall come into effect from the date on which the Technology Transfer Registration Certificate is issued.

- The transferee receiving technology transfer from a foreign country or within Vietnam, or the transferor who transfers technology from Vietnam to a foreign country shall represent both parties to submit the application for registering the technology transfer to the competent authority mentioned in Article 6 hereof.

- The time limit for issuing the Technology Transfer Registration Certificate:

+ Within 05 working days from the date on which the completed application documents are received, the competent authority shall issue a Technology Transfer Registration Certificate to the applicant.

+ If the application is deemed incomplete, within 03 working days from the date on which the application is received, the competent authority shall send a written request to the applicant for providing additional documents.

+ If the contents in the application are required to be amended, within 05 working days from the date on which the application is received, the competent authority shall send a written request to the applicant for additional documents.

+ If the competent authority refuses to issue the certificate, within 05 working days from the date on which the application is received, it shall provide explanation in writing to the parties.

- The Registration Forms for technology transfer and the Technology Transfer Registration Certificate shall be issued using form No. 1 and form No. 02 in Appendix IV hereto.

The authority to issue Technology Transfer Registration Certificate

- As for the technology transfer through carrying out investment project:

+ 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.

+ 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 of Vietnam. 

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

+ 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.

+ 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 Transfer of Vietnam.

- 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.

- The authority to issue the Certificate of Registration of Technology Transfer Extension to the cases mentioned in clause 1 and clause 2, Article 42 hereof shall be carried out in accordance with the regulations.

- 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.

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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