On May 15, 2018, the Government of Vietnam issued the Decree No. 76/2018/NĐ-CP on providing guidelines for certain articles of the Law on Technology Transfer.
Decree No. 76/2018/NĐ-CP of Vietnam’s Government has specified conditions, application documents and procedures for issuing the Certificate of eligibility to provide technology assessment service. To be specific:
Conditions for issuing the Certificate of eligibility to provide technology assessment service
According to the Decree No. 76/2018/NĐ-CP of Vietnam’s Government, when apply for the Certificate of eligibility to provide technology assessment service, science and technology enterprises or organizations shall satisfy the following conditions:
- Be established and registered for business operation as prescribed by laws.
- Have a management system and an operation capacity which satisfies the requirements specified in the national standards TCVN ISO/IEC 17020:2012 or in the international standards ISO/IEC 17020:2012 or in the national or international standards for specialized assessment.
- Have at least 02 official assessors who are qualified in technology assessment field (an official or an employee signing a contract of 12 months or more, or signing a permanent contract) and satisfy the following conditions:
+ Graduate with a bachelor's degree or higher and specialize in a suitable filed with the technology field requiring the assessment.
+ Be trained in accordance with the national standards TCVN ISO/IEC 17020:2012 or international standards ISO/IEC 17020:2012 or the national or international standards for specialized assessment
+ Have at least 03 years of experience or more in the suitable technological field requiring the assessment.
+ If there is a need to add more suitable technology fields, the organizations or enterprises shall have at least 02 professionals who have experience in these fields for carrying out the assessment and satisfying the conditions specified in this clause.
Procedures for issuing the Certificate of eligibility to provide technology assessment service
- The procedures for issuing the Certificate of eligibility to provide technology assessment service shall be carried out in accordance with the regulations in Article 34 of Decree No. 76/2018/NĐ-CP.
- The Certificate of eligibility to provide technology assessment service shall be issued using form No. 06 in Appendix IV enclosed to Decree No. 76/2018/NĐ-CP.
Application documents required for issuance of the Certificate of eligibility to provide technology appraisal service
Application documents required for issuance of the Certificate of eligibility to provide technology appraisal service include:
- An application form for the Certificate of eligibility to provide technology appraisal service, using form No. 03 in Appendix IV hereto.
- The establishment license of the applicant, business registration certificate or investment license
If the applicant sends the application in person, he/she shall submit the certified true copies of these licenses or certificates, or the copies enclosed with the originals;
If the application is sent via post office, the applicant shall submit the certified true copies.
- Documents proving the potential to carry out assessments and satisfying the regulations.
- A list of technology assessors; enclosed with the documents related to each technology assessor, including:
A copy of the recruitment decision or the labor contract;
A certified true copy of the degree or certificate;
A summary of the assessor’s experience in carrying out technology assessment and documents proving his/her experience in carrying out such assessment.
- A list of assessors of the organization and a summary of their experience in carrying out technology assessments, using form No. 07 and No. 08 in Appendix IV hereto.
- A description of technology assessment measures or processes relating to each technology field which requires technology assessment.
- Form of assessment certificate for organizations
Additional documents provided for amending the Certificate of eligibility to provide technology assessment, including:
- An application form requesting amendments to the Certificate of eligibility to provide technology assessment.
- An amended list of professionals who carry out technology assessment, in which there is information about their names, dates of birth, education, training fields and the number of years working in the technology field which requires assessment; enclosed with the following documents which are related to each assessor:
+ A copy of the recruitment decision or of the labor contract; a certified true copy of the assessor’s degree as prescribed by law;
+ A summary of his/her experience in carrying out technology assessment and documents proving his/her experience in carrying out such assessment.
- A list of assessors of the organization and a summary of their experience in carrying out technology assessment.
Application documents required for issuance of the Certificate of eligibility to provide technology assessment service shall include:
- An application form requesting the Certificate of eligibility to provide technology assessment service.
- An original of the damaged Certificate (if any) shall be provided if the Certificate is damaged.
View more details at Decree No. 76/2018/NĐ-CP of Vietnam’s Government, effective from July 01, 2018.
-Thao Uyen-
Address: | 19 Nguyen Gia Thieu, Vo Thi Sau Ward, District 3, Ho Chi Minh City |
Phone: | (028) 7302 2286 |
E-mail: | info@lawnet.vn |