Vietnam: Technologies encouraged for transfer according to new regulations

Vietnam: Technologies encouraged for transfer according to new regulations
Le Hai

Technology transfer refers to the transfer of the ownership or the right to use a given technology from the party that has the right to transfer such technology to the transferee.

According to the Law on Technology Transfer 2017 of Vietnam, technologies encouraged for transfer include:

1. High technologies; accompanying machinery/ equipment of high technologies the transfer of which is encouraged under regulations of the law on high technologies.

2. Advanced technologies, new technologies and clean technologies that are suitable for socio-economic conditions of Vietnam shall be encouraged for transfer from foreign countries to Vietnam or domestically if any of the following requirements is satisfied:

- Produce high-quality and highly competitive products against those produced by the existing technology of the same type;

- Produce national key products from domestic findings on scientific research and technological development;

- Generate new manufacturing and processing services/ industries/ sectors; breed/ cultivate new varieties which have been tested;

- Save resources, energy or fuels in comparison with the existing technology of the same type in Vietnam;

- Generate or use new or renewable energy; store energy in highly efficient way;

- Generate machinery/ equipment to improve educational and training quality; medical machinery/equipment and pharmaceutical products serving medical diagnosis and treatment, protection of human health and improve the physical strength for Vietnamese people;

- Discover, handle or forecast natural disasters or epidemic diseases; serve search and rescue activities; protect environment and cope with climate change and reduce the greenhouse gas emission;

- Assist the consistent production according production chains with high socio-economic efficiency;

- Create products which concurrently serve national defense, security and civil purposes;

- Develop and modernize traditional handicrafts.

3. Technologies; machinery/equipment accompanying the technologies which are mentioned in Point d Clause 1 Article 4 herein and exist in Vietnam, excluding the technologies prescribed in Clause 1 and Clause 2 of this Article, Clause 2 Article 10 herein; technologies operated by fuels which are domestically produced products or haft-way products are encouraged for transfer to foreign countries.

The List of technologies encouraged for transfer is regulated in Appendix I enclosed with Decree No. 76/2018/NĐ-CP of Vietnam’s Government.

Legal basis: Law on Technology Transfer 2017 of Vietnam, Decree No. 76/2018/NĐ-CP of Vietnam’s Government

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