Application and procedures for approval for technology transfer in Vietnam

Application and procedures for approval for technology transfer in Vietnam (Internet image)

1. What is technology transfer?

According to Clause 7 Article 2 of the Law on Technology Transfer 2017, 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.

2. Forms of technology transfer

Forms of technology transfer under Article 5 of the Law on Technology Transfer 2017 include:

-  Independent technology transfer contract.

- Part of technology transfer in the following cases:

+ Investment project;

+ Making capital contribution by technology;

+ Franchise agreement;

+ Transfer of IP rights;

+ Purchase or sale of machinery/ equipment mentioned in Point d Clause 1 Article 4 of the Law on Technology Transfer 2017.

- Technology transfer may be implemented under other forms as regulated by law.

- The technology transfer prescribed in Clause 1 and Point b Clause 2 of Article 5 of the Law on Technology Transfer 2017 must be implemented under written agreements;

The technology transfer prescribed in Points a, c, d and dd Clause 2 and Clause 3 of Article 5 of the Law on Technology Transfer 2017 may be implemented under contracts or terms or provisions or appendixes of contract or dossier of the investment project which must include all of contents mentioned in Article 23 of the Law on Technology Transfer 2017.

3. Application and procedures for approval for technology transfer in Vietnam

Application and procedures for approval for technology transfer under Article 29 of the Law on Technology Transfer 2017 are as follows:

- An application for an approval for technology transfer includes:

+ The application form for an approval for technology transfer;

+ Proof of legal status of the applicant;

+ Written explanation for technology to be transferred;

+ Written explanation for conditions for applying transferred technology in accordance with regulations of law;

+ written explanation for the consistency of transferred technology with laws on technical standards and regulations.

- The organization or individual that wants to make transfer of technology restricted from transferring shall send an application for approval for technology transfer to the Ministry of Science and Technology.

- Within 03 working days from the receipt of application, the Ministry of Science and Technology shall consider and request the applicant to supplement the application in accordance with regulations.

- Within 30 days from the receipt of sufficient application, the Ministry of Science and Technology shall take charge of and cooperate with relevant ministries to give a written approval for technology transfer. If the application is refused, a written response which specifies reasons for refusal shall be given to the applicant.

- Minister of Science and Technology is responsible for promulgating the templates of the application form for approval for technology transfer and explanation for technology.

4. Application and procedures for issuance of technology transfer permit in Vietnam

Application and procedures for issuance of technology transfer permit under Article 30 of the Law on Technology Transfer 2017 are as follows:

- An application for a technology transfer permit includes:

+ The application form for a technology transfer permit, which specifies the parties’ responsibility to ensure the compliance of contents of the technology transfer agreement with relevant laws;

+ Proof of legal status of the parties entering into the technology transfer agreement;

+ The original in Vietnamese or the certified copy of the technology transfer agreement. In case of unavailability of the technology transfer agreement in Vietnamese language, the notarized or certified translation into Vietnamese language shall be submitted;

+ The list of documents concerning technology, machinery, equipment (if any) enclosed with the technology transfer agreement;

+ The certified copy of IP Rights Certificate for objects subject to IP Rights protection (if any);

+ Quality standards of products created by applying the transferred technology;

+ Explanation for conditions for using technology;

+ The written record of valuation of transferred technology in case the transferee uses state funding.

- Upon the receipt of approval for technology transfer from the Ministry of Science and Technology, the parties shall conclude a technology transfer agreement.

- Within 60 days from the conclusion of the technology transfer agreement, the party that is obliged to apply for a technology transfer permit shall send an application for a technology transfer permit to the Ministry of Science and Technology.

- Within 05 working days from the receipt of application, the Ministry of Science and Technology shall consider and request the applicant to supplement the application in accordance with regulations.

Within 60 days from the receipt of the written request for supplementation of the application, the applicant must supplement required documents or submit an application for extension of deadline for supplementing documents.

The extension given to supplement the application shall not exceed 60 days. Over this period, if the applicant fails to supplement required documents, the Ministry of Science and Technology shall give a written notification of refusal to issue the technology transfer permit and return the application as requested.

- Within 15 working days from the receipt of sufficient application, the Ministry of Science and Technology shall process the application and grant a technology transfer permit to the applicant.

If the application is refused, a written response which specifies reasons thereof shall be given.

- In case of change in contents of a technology transfer permit, the applicant must carry out procedures for a new permit.

- Minister of Science and Technology is responsible for promulgating the template of the application form for a technology transfer permit and the technology transfer permit template.

Quoc Dat

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