Application, order, and procedures for granting certificates of technologies encouraged for transfer in Vietnam

What are the latest regulations on the application, order, and procedures for granting certificates of technologies encouraged for transfer in Vietnam from 1/7/2023? - Tuan Kiet (Nghe An)

The Prime Minister of Vietnam has just issued Decision 12/2023/QD-TTg on granting the Certificate of technologies encouraged for transfer, effective from July 1, 2023.

The regulations on applications, orders, and procedures for granting certificates of technologies encouraged for transfer are as follows:

Application for a license for technologies encouraged for transfer in Vietnam

- A written request for the issuance of the Certificate of Technology Transfer encouraging transfer, made according to Form No. 01 in the Appendix issued together with Decision 12/2023/QD-TTg;

- The original or a certified true copy of the technology transfer agreement in Vietnamese, or a notarized or authenticated translation into Vietnamese, for the technology transfer agreement in a foreign language;

- Explanation of the content of technologies encouraged for transfer in the technology transfer agreement document according to Form No. 02 in the Appendix issued together with Decision 12/2023/QD-TTg;

- A copy of the protection title or industrial property object registration application (in case the protection title has not been granted), the certificate of transfer of ownership, or the right to use the industrial property object (in case of transfer of rights to industrial property objects);

- Report on the implementation of technology transfer activities encouraged to be transferred according to the contents of the technology transfer agreement document, certified by all parties to the technology transfer according to Form No. 03 in the Appendix issued with Decision 12/2023/QD-TTg;

Copy of one of the following documents: Decision on approval of investment policy, Certificate of investment registration, Certificate of enterprise registration, or other documents of equivalent legal validity of the parties to the technology transfer.

Application, order, and procedures for granting certificates of technologies encouraged for transfer in Vietnam

Application, order, and procedures for granting certificates of technologies encouraged for transfer in Vietnam (Internet image)

Order and procedures for granting certificates of technologies encouraged for transfer in Vietnam

- The consideration and issuance of Certificates shall be carried out after the contents of the technology transfer have been implemented and products have been produced. In cases where the written technology transfer agreement stipulates product standards, the products must meet the standards in accordance with the written agreement;

- The transferor or technology receiver, on behalf of the parties to the technology transfer, shall send 01 set of application documents for direct certification either by post or through the Online Public Service Portal to the Certificate Authority;

- Within 03 working days from the date of receipt of the dossier, the Certificate-issuing agency shall consider the completeness and validity of the dossier. In case the dossier is incomplete, invalid, or contains contents that need to be amended or supplemented, the Certificate-issuing agency shall make a written request for amendment or supplementation that clearly states the contents and time limit for amendments and supplements;

- Within 05 working days from the day on which the complete and valid application is received, the Certificate-issuing agency shall decide to establish the Science and Technology Advisory Council (hereinafter referred to as the Council for short). to appraise the application file for the Certificate;

- The Council has from 07 to 11 members, including: Chairman, Secretary who is a civil servant of the Certification Authority and Council members. The Council's composition includes: 02 reviewers who are deeply knowledgeable in the transferred technology; representatives of specialized state management agencies, relevant state management agencies; and at least 1/2 (one-half) members of the Council are independent experts and scientists suitable to the field of technology transfer to be appraised;

- Meeting to appraise the application for the Certificate.

The Council shall hold a meeting to appraise the Certificate of Application dossier within 05 working days from the date of establishment. The meeting of the Council must be attended by at least 2/3 (two thirds) of the members of the Council, including the Chairman, the reviewer, and the secretary. In case there are not enough 2/3 (two-thirds) of the Council's members to attend, the Chairman of the Council shall consider and decide to collect opinions in writing for the absent member. The opinions of absent members of the Council shall have the same validity as those of present Council members.

The Council considers the compatibility of the transferred technology with the List of technologies encouraged to be transferred under the provisions of the Law on Technology Transfer; evaluates the implementation of technology transfer contents recorded in the technology transfer agreement document, and other relevant contents.

The Council operates on a collective basis, voting by secret ballot on whether to agree or disagree with the issuance of the Certificate. The option selected by more than 1/2 (one-half) of the votes of the Council members or more is the official opinion of the Council.

Opinion form for members of the Scientific and Technological Advisory Council and Minutes of the Council meeting made according to Forms 04 and 05 in the Appendix issued together with Decision 12/2023/QD-TTg.

The Chairman of the Council, on behalf of the Council, signs the Report on appraisal results of the application file for a Certificate of Technology Transfer Encouraged to Transfer, made according to Form No. 06 specified in the Appendix issued together with Decision 12/2023/QD-TTg;

- Within 05 working days after receiving the report on appraisal results and meeting minutes of the Council, the Certificate-issuing agency shall consider and decide on the issuance of the Certificate according to Form No. 07 in the Appendix issued with Decision 12/2023/QD-TTg. In the event of a refusal, it must reply and clearly state the reason for the refusal in writing.

Mai Thanh Loi

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