Vietnam: 07 prohibited acts in technology transfer

Kim Linh

09:20, 08/07/2018

According to the Law on Technology Transfer 2017 of Vietnam, a technology owner shall have the right to transfer the ownership or the right to use such technology. An organization or individual that is entitled to use a given technology may transfer the right to use such technology to another one but it requires the technology owner's approval.

However, when transferring technology, the following acts are prohibited:

1. Abusing technology transfer activities to harm national defense, security interests, human health, environment, social ethnics, customs and habits; harm the lawful rights and interests of an organization or individual; deteriorate natural resources or biodiversity.

2. Carrying out the transfer of technologies which are banned from transferring; illegally transferring technologies which are restricted from transferring.

3. Committing violations against regulations on rights to transfer technology.

4. Committing deceits or frauds in making and performing technology transfer agreements, technology transfer service contracts, and technology-related contents specified in contracts or investment project dossiers.

5. Obstructing the provision of, or refusing to provide information concerning technology transfer activities upon requests of regulatory authorities.

6. Disclosing technological secrets inconsistently with the law or obstructing technology transfer activities.

7. Using/applying technologies other than those approved or permitted by regulatory authorities.

The Law on Technology Transfer 2017 of Vietnam takes effect from July 01, 2018.

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